Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Intervenor-Plaintiff
DISTRIBUTION ORDER granting 303 MOTION OF LEAD COUNSELS APPLICATION FOR DISTRIBUTION. NOW, THEREFORE, upon review of Lead Counsel's Application for an Order for Distribution of Class Settlement Fund and the accompanying Affidavit of Daniel J. Marotto of Kurtzman Carson Consulting ("KCC"), the Claims Administrator, and upon all prior proceedings herein, and after due deliberation, the Court hereby finds and orders as follows: On January 21, 2016, Lead Counsel Applied to this Court for an Order for Distribution of Class Settlement Fund. Since then, no claimant has filed a response or objection to such Application. The administrative determinations of the Claims Administrator accepting the claims as indicated in Exhibits E and F to the Affidavit of Daniel J. Marotto are approved, and said claims are accepted. The payments to be distributed to the Authorized Claimants shall bear the notation "CASH PROMPTLY, VOID AND SUBJECT TO RE-DISTRIBUTION IF NOT CASHED BY 90 DAYS AFTER ORIGINAL CHECK ISSUE DATE." Lead Counsel and the Claims Administrator are authorized to take appropriate action to locate and/or contact any eligible claimant who has not cashed his, her or its distribution within said time. KCC shall be paid the sum of $190,423.08 from the Settlement Fund and the interest accrued thereon for the balance of its fees and expenses incurred and to be incurred in connection with the services performed and to be performed in giving notice to the Class, processing the Proofs of Claim, and administering and distributing the Net Settlement Fund. (As further set forth in this Order)(Signed by Judge Loretta A. Preska on 1/22/2016) (kl) (Entered: 01/25/2016)
MEMORANDUM OF LAW in Support re: 303 MOTION OF LEAD COUNSELS APPLICATION FOR DISTRIBUTION . . Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Rehns, Kenneth) (Entered: 01/21/2016)
MOTION OF LEAD COUNSELS APPLICATION FOR DISTRIBUTION . Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(Rehns, Kenneth) (Entered: 01/21/2016)
MEMO ENDORSEMENT on NOTICE OF MOTION OF DEFENDANTS THE ROYAL BANK OF SCOTLAND GROUP, PLC, RBS HOLDINGS USA INC., RBS SECURITIES INC., RBS ACCEPTANCE INC. AND RBS FINANCIAL PRODUCTS INC. FOR RECONSIDERATION AND REARGUMENT OF THIS COURT'S JUNE 9, 2015 ORDER. ENDORSEMENT: Denied. So ordered. Denying 296 MOTION for Reargument re: 294 Order., MOTION for Reconsideration re; 294 Order. Document filed by RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc. (Signed by Judge Loretta A. Preska on 10/26/2015) (rjm) (Entered: 10/27/2015)
REPLY MEMORANDUM OF LAW in Support re: 296 MOTION for Reargument re: 294 Order,,, . MOTION for Reconsideration re; 294 Order,,, . . Document filed by RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc. (Malloy, Christopher) (Entered: 07/20/2015)
NOTICE of Statement of Non-Opposition to Defendants' Motion for Reconsideration and Reargument of this Court's June 9, 2015 Order re: 296 MOTION for Reargument re: 294 Order,,, . MOTION for Reconsideration re; 294 Order,,, .. Document filed by Caledonian Trust (Cayman) Limited, Landesbank Baden-Wuerttemberg, Spencerview Asset Management Limited. (Goldsmith, David) (Entered: 07/10/2015)
MEMORANDUM OF LAW in Opposition re: 296 MOTION for Reargument re: 294 Order,,, . MOTION for Reconsideration re; 294 Order,,, . . Document filed by New Jersey Carpenters Vacation Fund. (Laitman, Joel) (Entered: 07/10/2015)
NOTICE OF APPEARANCE by Shaud Gerard Tavakoli on behalf of RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc. (Tavakoli, Shaud) (Entered: 06/23/2015)
MEMORANDUM OF LAW in Support re: 296 MOTION for Reargument re: 294 Order,,, . MOTION for Reconsideration re; 294 Order,,, . . Document filed by RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc. (Malloy, Christopher) (Entered: 06/23/2015)
NOTICE OF APPEARANCE by Christopher P. Malloy on behalf of RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc. (Malloy, Christopher) (Entered: 06/23/2015)
ORDER. By letter dated March 27, 2015, the so-called LBBW Opt Outs requested a pre-motion conference for a joint motion to retract their prior Request for Exclusion and to permit the LBBW Opt Outs to rejoin the Settlement Class. The Court DENIES the LBBW Opt Outs' request [dkt. no. 289] to rejoin the Settlement Class. Of particular import in reaching this determination is that, if allowed to rejoin the Settlement Class, the LBBW Opt Outs would receive compensation for their losses on Harborview Certificates as a result of their private litigation, a possibility all other Class Members were required to forego in order to receive settlement funds. Allowing the LBBW Opt Outs to rejoin the Settlement Class would yield an inequitable result and, accordingly, the Court DENIES that request, and as further set forth. (Signed by Judge Loretta A. Preska on 6/9/2015) (rjm) (Entered: 06/09/2015)
LETTER addressed to Judge Loretta A. Preska from Joel P. Laitman dated April 14, 2015 re: LBBW Request for opt-out rescission. Document filed by New Jersey Carpenters Vacation Fund.(Laitman, Joel) (Entered: 04/14/2015)
ORDER: Lead Counsel to the Settlement Class shall inform the Court by letter no later than April 15, 2015 of Counsel's response to the LBBW Opt-Outs' argument that any possible additional payment received if allowed to rejoin the Class is justified because the Individual Action included an additional securitization, MHL 2006-1, that was not included in the Class Action. (Signed by Judge Loretta A. Preska on 4/13/2015) (lmb) (Entered: 04/13/2015)
LETTER addressed to Judge Loretta A. Preska from David J. Goldsmith dated 3/31/2015 re: Reply in further support of 3/27/2015 request for pre-motion conference. Document filed by Caledonian Trust (Cayman) Limited, Landesbank Baden-Wuerttemberg, Spencerview Asset Management Limited.(Goldsmith, David) (Entered: 03/31/2015)
LETTER addressed to Judge Loretta A. Preska from Joel P. Laitman dated March 30, 2015 re: Response to LBBW March 27, 2015 letter to the Court. Document filed by New Jersey Carpenters Vacation Fund.(Laitman, Joel) (Entered: 03/30/2015)
LETTER addressed to Judge Loretta A. Preska from David J. Goldsmith dated 3/27/2015 re: request for pre-motion conference. Document filed by Caledonian Trust (Cayman) Limited, Landesbank Baden-Wuerttemberg, Spencerview Asset Management Limited. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Goldsmith, David) (Entered: 03/27/2015)
NOTICE OF APPEARANCE by David J. Goldsmith on behalf of Landesbank Baden-Wuerttemberg, Spencerview Asset Management Limited, Caledonian Trust (Cayman) Limited. (Goldsmith, David) (Entered: 03/27/2015)
MANDATE of USCA (Certified Copy). USCA Case Number 14-0027. The parties in the above-referenced case have filed a stipulation withdrawing this appealpursuant to FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/12/2014. (nd) (Entered: 12/12/2014)
ORDER ON LEAD COUNSEL'S MOTION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSES granting 273 Motion for Attorney Fees. NOW, THEREFORE, THE COURT FINDS, CONCLUDES AND ORDERS AS FOLLOWS: This Order incorporates by reference the definitions in the Stipulation and Agreement of Settlement (the "Stipulation," ECF No. 265), and all capitalized terms used, but not defined herein, shall have the same meanings as in the Stipulation. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Members of the Class. Notice of the Fee Application was directed to Class Members in a reasonable manner and complies with Rule 23(h)(1) of the Federal Rules of Civil Procedure, due process, and Section 27 of the Securities Act of 1933, 15 U.S.C. § 77z-1(a)(7), as amended by the Private Securities Litigation Reform Act of 1995. Class Members have been given the opportunity to object to the Fee Application in compliance with Rule 23(h)(2) of the Federal Rules of Civil Procedure. The Fee Application is hereby GRANTED. Lead Counsel are hereby awarded attorneys' fees in the amount of 17% of the Settlement Fund and $2,243,198.34 in reimbursement of Lead Counsel's litigation expenses (which fees and expenses shall be paid to Lead Counsel from the Settlement Fund), which sums the Court finds to be fair and reasonable, plus interest earned at the same rate and for the same period as earned by the Settlement Fund, and as further set forth herein. IT IS SO ORDERED. (Signed by Judge Loretta A. Preska on 11/5/2014) (ja) (Entered: 11/05/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 10/28/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/04/2014)
TRANSCRIPT of Proceedings re: HEARING held on 10/28/2014 before Judge Loretta A. Preska. 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 12/1/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/5/2015.(McGuirk, Kelly) (Entered: 11/04/2014)
ORDER ON LEAD COUNSEL'S MOTION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF LITIGATION EXPENSES. The Fee Application is hereby GRANTED. Lead Counsel are hereby awarded attorneys' fees in the amount of 17% of the Settlement Fund and $46,750,000.00 in reimbursement of Lead Counsel's litigation expenses (which fees and expenses shall be paid to Lead Counsel from the Settlement Fund), which sums the Court finds to be fair and reasonable, plus interest earned at the same rate and for the same period as earned by the Settlement Fund, and as further set forth in this Order.Granting 273 Motion for Attorney Fees. (Signed by Judge Loretta A. Preska on 11/3/2014) (rjm) (Entered: 11/04/2014)
AMENDED ORDER AND FINAL JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: As used in this Order and Final Judgment the following terms (together with their cognate forms) have the meanings specified as further set forth in this Order and Final Judgment. (Signed by Judge Loretta A. Preska on 11/3/2014) (rjm) (Additional attachment(s) added on 11/4/2014: # 1 Right to Appeal Form #1, # 2 Right to Appeal #2) (rjm). (Entered: 11/04/2014)
ORDER AND FINAL JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: As used in this Order and Final Judgment the following terms (together with their cognate forms) have the meanings specified as further set forth in this Order and Final Judgment. (Signed by Judge Loretta A. Preska on 11/3/2014) (rjm). (Additional attachment(s) added on 11/4/2014: # 1 Right to Appeal Form #1, # 2 Right to Appeal #2) (rjm). (Entered: 11/04/2014)
LETTER addressed to Judge Loretta A. Preska from Joel P. Laitman dated October 30, 2014 re: Additional Timely Request for Exclusion. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Affidavit of Justin R. Hughes, # 2 Text of Proposed Order)(Rehns, Kenneth) (Entered: 10/30/2014)
NOTICE OF APPEARANCE by John Alexander Robinson on behalf of John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Robinson, John) (Entered: 10/27/2014)
REPLY MEMORANDUM OF LAW in Support re: 271 MOTION for Settlement Final Approval of Settlement and Plan of Allocation., 273 MOTION for Attorney Fees and Reimbursement of Litigation Expenses. . Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Text of Proposed Order)(Rehns, Kenneth) (Entered: 10/21/2014)
AFFIDAVIT of Justin Hughes re: Exclusion Requests in Support re: 271 MOTION for Settlement Final Approval of Settlement and Plan of Allocation., 273 MOTION for Attorney Fees and Reimbursement of Litigation Expenses.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 10/10/2014)
NOTICE of Withdrawal of Appearance of Kimberly Hamm. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Hamm, Kimberly) (Entered: 10/03/2014)
MEMORANDUM OF LAW in Support re: 273 MOTION for Attorney Fees and Reimbursement of Litigation Expenses. . Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 09/30/2014)
MOTION for Attorney Fees and Reimbursement of Litigation Expenses. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(Rehns, Kenneth) (Entered: 09/30/2014)
MEMORANDUM OF LAW in Support re: 271 MOTION for Settlement Final Approval of Settlement and Plan of Allocation. . Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 09/30/2014)
MOTION for Settlement Final Approval of Settlement and Plan of Allocation. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(Rehns, Kenneth) (Entered: 09/30/2014)
ORDER PRELIMINARILY APPROVING THE SETTLEMENT, CERTIFYING SETTLEMENT CLASS, APPROVING NOTICE TO THE CLASS AND SCHEDULING OF FINAL APPROVAL HEARING: It is hereby ORDERED this order hereby incorporates by reference the definitions in the Stipulation, and all terms used herein shall have the same meanings as set forth in the Stipulation. The Court preliminarily approves the Stipulation, including the releases contained therein, and preliminarily approved the Settlement as being fair, reasonable and adequate to the Settlement Class as set forth within. (See Order) (Settlement Conference set for 10/28/2014 at 09:30 AM in Courtroom 12A, 500 Pearl Street, New York, NY 10007 before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 7/17/2014) (ajs) (Entered: 07/21/2014)
JOINT LETTER addressed to Judge Loretta A. Preska from Joel P. Laitman and Thomas C. Rice dated June 24, 2014 re: Status of Case and Updated Copies of Settlement Papers. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit 1 - Notice of Motion, # 2 Exhibit 2 - Memo of Law, # 3 Text of Proposed Order Preliminary Approval Order, # 4 Exhibit A-1, # 5 Exhibit A-2, # 6 Exhibit A-3)(Rehns, Kenneth) (Entered: 06/24/2014)
DECLARATION of Joel Laitman in Support re: 266 MOTION to Certify Class for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final Settlement Approval Hearing. MOTION for Settlement for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final settlement Approval Hearing. MOTION to Certify Class for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final Settlement Approval Hearing. MOTION for Settlement for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final settlement Approval Hearing. MOTION to Certify Class for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final Settlement Approval Hearing. MOTION for Settlement for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final settlement Approval Hearing.. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3)(Laitman, Joel) (Entered: 04/18/2014)
MEMORANDUM OF LAW in Support re: 266 MOTION to Certify Class for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final Settlement Approval Hearing. MOTION for Settlement for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final settlement Approval Hearing. MOTION to Certify Class for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final Settlement Approval Hearing. MOTION for Settlement for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final settlement Approval Hearing. MOTION to Certify Class for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final Settlement Approval Hearing. MOTION for Settlement for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final settlement Approval Hearing.. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Laitman, Joel) (Entered: 04/18/2014)
MOTION to Certify Class for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final Settlement Approval Hearing., MOTION for Settlement for Purposes of Settlement, (II) Preliminary Approval of the Settlement; (III) Approval of Notice to the Class and (IV) Scheduling of Final settlement Approval Hearing. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself).(Laitman, Joel) (Entered: 04/18/2014)
SETTLEMENT AGREEMENT. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself).(Laitman, Joel) (Entered: 04/18/2014)
STIPULATION AND ORDER FOR PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION FROM NONPARTIES FDIC-RECEIVER AND ONEWEST BANK, FSB...regarding procedures to be followed that shall govern the handling of confidential material...The within stipulation by the parties is hereby adopted, except that any application to maintain the confidentiality of documents or information at trial shall be made, in advance of trial to Judge Baer. (Signed by Magistrate Judge Debra C. Freeman on 3/3/2014) (cd) (Entered: 03/04/2014)
JOINT LETTER addressed to Judge Harold Baer from Joel P. Laitman and Thomas C. Rice dated February 14, 2014 re: Settlement Agreement. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(Rehns, Kenneth) (Entered: 02/14/2014)
LETTER addressed to Magistrate Judge Debra C. Freeman from S. Douglas Bunch dated February 10, 2014 re: [Proposed] Supplemental Protective Order. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Text of Proposed Order)(Bunch, Stephen) (Entered: 02/10/2014)
NOTICE OF APPEARANCE by Kimberly Ann Hamm on behalf of John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Hamm, Kimberly) (Entered: 01/24/2014)
MEMO ENDORSEMENT on re: 255 Letter, filed by RBS Securities, Inc., Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc. ENDORSEMENT: Extension until March 15, 2014 for any further depositions. No deposition will be permitted to take more than 2 hours and the balance of the scheduling order of 7/18/13 remains intact. (Deposition due by 3/15/2014.) (Signed by Judge Harold Baer on 1/23/2014) (tn) (Entered: 01/24/2014)
LETTER addressed to Judge Harold Baer from Thomas C. Rice dated 01/23/2014 re: Reply to Plaintiffs' Opposition to Defendants' Request to take Discovery. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III.(Rice, Thomas) (Entered: 01/23/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 11/14/13 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...(McGuirk, Kelly) (Entered: 01/23/2014)
TRANSCRIPT of Proceedings re: ARGUMENT held on 11/14/2013 before Judge Harold Baer. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/18/2014. Redacted Transcript Deadline set for 2/27/2014. Release of Transcript Restriction set for 4/28/2014.(McGuirk, Kelly) (Entered: 01/23/2014)
LETTER addressed to Judge Harold Baer from Joel P. Laitman dated January 23, 2014 re: Response to Defendants January 22, 2014 Letter regarding Absent Class Member Depositions. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(Rehns, Kenneth) (Entered: 01/23/2014)
LETTER addressed to Judge Harold Baer from Thomas C. Rice dated January 22, 2014 re: Discovery of Certain Absent Class Members. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III.(Rice, Thomas) (Entered: 01/22/2014)
OPINION AND ORDER re: (234 in 2:08-cv-08781-HB-RLE) MOTION to Certify Class and Appoint Class Representatives filed by New Jersey Carpenters Health Fund, Local 74 USWU Welfare Fund, New Jersey Carpenters Vacation Fund. I have considered the pa rties' remaining arguments and find them to be without merit. Because the proposed Offerings in both Harborview and RALI comport with the class certification requirements under Rule 23(a) and (b), as I articulated these requirements in my prior decisions, the class in each case is expanded to include those offerings. In Harborview, Iowa Public Employees Retirement Systems and the Midwest Operating Engineers Pension Trust Fund are added as Class Representatives. Plaintiffs' motions for class modification and designation of new class representatives are GRANTED, except to the extent that Local 74 USWU Welfare Fund is not designated as a class representative in the RALI case. The Clerk of the Court is instructed to close the two motions and remove them from my docket. (Signed by Judge Harold Baer on 12/27/2013) (rsh)
254
Filed: 12/27/2013, Entered: None
OPINION AND ORDER re: (234 in 2:08-cv-08781-HB-RLE) MOTION to Certify Class and Appoint Class Representatives filed by New Jersey Carpenters Health Fund, Local 74 USWU Welfare Fund, New Jersey Carpenters Vacation Fund. I have considered the parties' remaining arguments and find them to be without merit. Because the proposed Offerings in both Harborview and RALI comport with the class certification requirements under Rule 23(a) and (b), as I articulated these requirements in my prior decisions, the class in each case is expanded to include those offerings. In Harborview, Iowa Public Employees Retirement Systems and the Midwest Operating Engineers Pension Trust Fund are added as Class Representatives. Plaintiffs' motions for class modification and designation of new class representatives are GRANTED, except to the extent that Local 74 USWU Welfare Fund is not designated as a class representative in the RALI case. The Clerk of the Court is instructed to close the two motions and remove them from my docket. (Signed by Judge Harold Baer on 12/27/2013) (rsh) (Entered: 12/27/2013)
OPINION AND ORDER: re: (236 in 2:08-cv-05093-HB-DCF) MOTION for Reconsideration re; (210) Memorandum & Opinion, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i MOTION for Reconsideration re; (210) Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i MOTION for Reconsideration re; (210) Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc. I have considered the parties' remaining arguments and find them to be without merit. The motions for reconsideration brought by the Harborview Defendants and the RALI Defendants are GRANTED in part and DENIED in part as set out above. SO ORDERED. (Signed by Judge Harold Baer on 12/18/2013) (ama) (Entered: 12/18/2013)
ORDER FOR ADMISSION PRO HAC VICE granting 240 Motion for Carol V. Gilden to Appear Pro Hac Vice. Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. SO ORDERED. (Signed by Judge Harold Baer on 12/12/2013) (ama) Modified on 12/12/2013 (ama). (Entered: 12/12/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 11/14/13 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: 12/05/2013)
TRANSCRIPT of Proceedings re: ARGUMENT held on 11/14/2013 before Judge Harold Baer. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2013. Redacted Transcript Deadline set for 1/9/2014. Release of Transcript Restriction set for 3/10/2014.(Rodriguez, Somari) (Entered: 12/05/2013)
MEMO ENDORSEMENT on re: (Letter #248 in 2:08-cv-05093-HB-DCF) Letter, filed by Iowa Public Employees' Retirement System, Midwest Operating Engineers Pension Trust Fund, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, ( Letter #276 in 2:08-cv-08781-HB-RLE) Letter, filed by New Jersey Carpenters Health Fund, Iowa Public Employees' Retirement System, Police and Fire Retirement System of the City of Detroit, Midwest Operating Engineers Pension Trust Fund, Orange County Employees Retirement System, Local 74 USWU Welfare Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. ENDORSEMENT: If and when you choose to discontinue this lawsuit and start all over next year that's fine otherwise your application is denied and I'll adjourn oral argument a few days while I'm trying 2 cases at the same time and let you know when I'm available to hear you. SO ORDERED. (Signed by Judge Harold Baer on 10/29/2013) (ama) (Entered: 10/29/2013)
LETTER addressed to Judge Harold Baer from Joel P. Laitman dated October 28, 2013 re: Defendants' Motion for Reconsideration. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself).(Laitman, Joel) (Entered: 10/28/2013)
DECLARATION of Michael Eisenkraft in Support re: 224 MOTION to Certify Class To Encompass Additional Offerings and Designate Additional Class Representatives.. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Attachments: # 1 Exhibit 3, # 2 Exhibit 4)(Eisenkraft, Michael) (Entered: 10/15/2013)
MEMORANDUM OF LAW in Support re: 224 MOTION to Certify Class To Encompass Additional Offerings and Designate Additional Class Representatives.. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Eisenkraft, Michael) (Entered: 10/15/2013)
DECLARATION of Alan C. Turner [REDACTED] in Opposition re: 224 MOTION to Certify Class To Encompass Additional Offerings and Designate Additional Class Representatives.. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Attachments: # 1 Exhibit 1-51 [REDACTED VERSION])(Turner, Alan) (Entered: 09/13/2013)
MEMORANDUM OF LAW in Opposition re: 224 MOTION to Certify Class To Encompass Additional Offerings and Designate Additional Class Representatives. [REDACTED]. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Turner, Alan) (Entered: 09/13/2013)
LETTER addressed to Judge Harold Baer from Alan Turner dated 09/05/2013 re: Response to Plaintiffs' letter to the Court dated September 4, 2013. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III.(Turner, Alan) (Entered: 09/05/2013)
MOTION for Carol V. Gilden to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8840084. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Certificate of Good Standing)(Gilden, Carol) (Entered: 09/04/2013)
REPLY MEMORANDUM OF LAW in Support re: 236 MOTION for Reconsideration re; 210 Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i MOTION for Reconsideration re; 210 Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i MOTION for Reconsideration re; 210 Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Rice, Thomas) (Entered: 08/30/2013)
MEMORANDUM OF LAW in Opposition re: 236 MOTION for Reconsideration re; 210 Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i MOTION for Reconsideration re; 210 Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i MOTION for Reconsideration re; 210 Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Laitman, Joel) (Entered: 08/23/2013)
MEMORANDUM OF LAW in Support re: 236 MOTION for Reconsideration re; 210 Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i MOTION for Reconsideration re; 210 Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i MOTION for Reconsideration re; 210 Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change i. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Rice, Thomas) (Entered: 08/14/2013)
MOTION for Reconsideration re; 210 Memorandum & Opinion,, Notice of Motion for Reconsideration of this Court's January 3, 2013 Opinion and Order on Defendants' Motion to Dismiss Intervenors' Claims Based on an Intervening Change in Controlling Law. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III.(Rice, Thomas) (Entered: 08/14/2013)
ORDER: it is hereby ORDERED, as stated at that conference, that Plaintiffs' motion (Dkt. 227) is resolved as follows: 1. Defendants are directed to produce, on an expedited basis, all responsive, non-privileged due diligence documents pertaining to the re-underwriting of sample loans prior to the offerings of Harborview 2006-4 and Harborview 2007 -7 (the "Original Offerings"), as well as of Harborview 2006-7, Harborview 2006-9, Harborview 2006-11, Harborview 2006-12, Harborview 2006-14 (the "Intervenor Offerings"), located through a reasonable search of their reasonably accessible files. Defendants should not only produce these documents (collectively, the "Due Diligence Documents"), on a rolling basis, as previously proposed by the parties and ordered by the Court (see Amended Scheduling Order, dated July 18, 2013 (Dkt. 234), at paragraph 18 ("Parties to make rolling document productions"), but, with respect to the Due Diligence Documents, in particular, this "rolling" production should be understood to mean that batches of such documents should be produced by Defendants, after review, on at least a weekly basis, until production is complete. Counsel shall participate in a follow-up telephone conference call with this Court on September 4, 2013 at 10:00 a.m., and are directed to initiate such a call jointly to my Chambers, on that date. (Signed by Magistrate Judge Debra C. Freeman on 7/29/2013) (js) (Entered: 07/29/2013)
AMENDED SCHEDULING ORDER: This case shall be added to the January 2015 trailing trial calendar. Motions due by 8/1/2014. Responses due by 9/15/2014 Replies due by 10/6/2014. Fact Discovery due by 2/15/2014. Expert Discovery due by 6/30/2014. Pretrial Order due by 12/15/2014. (Signed by Judge Harold Baer on 7/18/2013) (js) Modified on 8/1/2013 (js). (Entered: 07/18/2013)
REPLY MEMORANDUM OF LAW in Support re: 227 MOTION to Compel Defendants to To Produce Documents.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 07/15/2013)
DECLARATION of Alan C. Turner (with Exhibits 1-8) in Opposition re: 227 MOTION to Compel Defendants to To Produce Documents.. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Turner, Alan) (Entered: 07/12/2013)
MEMORANDUM OF LAW in Opposition re: 227 MOTION to Compel Defendants to To Produce Documents. Defendants' Memorandum of Law in Opposition to Lead Plaintiffs' Motion to Compel the Production of Essential Due Diligence Documents. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Turner, Alan) (Entered: 07/12/2013)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Alan Turner dated 7/08/2013 re: On Monday, July 1,2013, Plaintiffs filed a Motion to Compel the Production of Essential Due Diligence Documents (the "Motion"). See Dkt. # 227. The parties have met and conferred and have agreed, subject to this Court's approval, to a short extension of time for Defendants and Plaintiffs to file their opposition and reply briefs to the Motion, in part due to the Independence Day holiday and because counsel need additional time to prepare their briefs. ENDORSEMENT: There will be no extension. This motion will be referred to Magistrate Judge Freeman. SO ORDERED. (Signed by Judge Harold Baer on 7/11/2013) (ama) (Entered: 07/11/2013)
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Motion to Compel Production. Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. Motions referred to Debra C. Freeman. (Signed by Judge Harold Baer on 7/11/2013) (ama) (Entered: 07/11/2013)
MOTION to Compel Defendants to To Produce Documents. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(Eisenkraft, Michael) (Entered: 07/01/2013)
MEMORANDUM OF LAW in Support re: 224 MOTION to Certify Class To Encompass Additional Offerings and Designate Additional Class Representatives.. Document filed by New Jersey Carpenters Vacation Fund. (Eisenkraft, Michael) (Entered: 06/25/2013)
MOTION to Certify Class To Encompass Additional Offerings and Designate Additional Class Representatives. Document filed by New Jersey Carpenters Vacation Fund.(Eisenkraft, Michael) (Entered: 06/25/2013)
ANSWER to 221 Amended Complaint,,. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III.(Turner, Alan) (Entered: 06/10/2013)
REDACTED CORRECTED CONSOLIDATED THIRD AMENDED COMPLAINT amending 220 Amended Complaint,, against John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Carol P. Mathis, Robert J. McGinnis, Moody's Investors Service, Inc., RBS Securities, Inc., The McGraw-Hill Companies, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III with JURY DEMAND.Document filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust. Related document: 220 Third Amended Complaint, filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(cd) (sdi). (Entered: 05/16/2013)
CONSOLIDATED THIRD AMENDED SECURITIES CLASS ACTION COMPLAINT amending 147 Amended Complaint, against John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Carol P. Mathis, Robert J. McGinnis, Moody's Investors Service, Inc., RBS Securities Inc., The McGraw-Hill Companies, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III.Document filed by New Jersey Carpenters Vacation Fund(On Behalf of Itself), Boilermaker Blacksmith National Pension Trust. Related document: 147 Amended Complaint, filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(cd) (Entered: 05/14/2013)
AMENDED SCHEDULING ORDER: ENDORSEMENT: Changes in the class notice date will not affect the dispositive motion deadline or The January 2015 TTC. SO ORDERED. John C. Anderson answer due 6/10/2013; James C. Esposito answer due 6/10/2013; Greenwich Capital Acceptance, Inc answer due 6/10/2013; Greenwich Capital Financial Products, Inc. answer due 6/10/2013; Greenwich Capital Holdings, Inc. answer due 6/10/2013; Greenwich Capital Markets, Inc. answer due 6/10/2013; Carol P. Mathis answer due 6/10/2013; Robert J. McGinnis answer due 6/10/2013; Moody's Investors Service, Inc. answer due 6/10/2013; The McGraw-Hill Companies, Inc. answer due 6/10/2013; The Royal Bank of Scotland Group, plc answer due 6/10/2013; Joseph N. Walsh,III answer due 6/10/2013. Amended Pleadings due by 5/10/2013. (Signed by Judge Harold Baer on 4/30/2013) (ama) (Entered: 04/30/2013)
OPINION AND ORDER: I have considered the parties' remaining arguments and find them to be without merit. Harborview Plaintiffs' motion for reconsideration is GRANTED, and RALI Plaintiffs' motion for reconsideration is GRANTED in part and DENIED in part as set out above. The letter motions seeking for additional briefing is DENIED. SO ORDERED. (Signed by Judge Harold Baer on 4/30/2013) (ama)
216
Filed: 4/30/2013, Entered: None
OPINION AND ORDER: I have considered the parties' remaining arguments and find them to be without merit. Harborview Plaintiffs' motion for reconsideration is GRANTED, and RALI Plaintiffs' motion for reconsideration is GRANTED in part and DENIED in part as set out above. The letter motions seeking for additional briefing is DENIED. SO ORDERED. (Signed by Judge Harold Baer on 4/30/2013) (ama) (Entered: 04/30/2013)
215
Filed: 3/29/2013, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 04/01/2013)
AMENDED SCHEDULING ORDER: After consultation with Magistrate Judge Freeman I have made several changes and this constitutes the Amended Schedule. SO ORDERED. Motions due by 6/15/2014. Responses due by 8/15/2014 Replies due by 9/15/2014. Fact Discovery due by 12/15/2013. Expert Discovery due by 4/15/2013. Pretrial Order due by 12/15/2014. (Signed by Judge Harold Baer on 3/13/2013) (ama) (Entered: 03/13/2013)
SCHEDULING ORDER: Plaintiffs have leave to file an Amended Complaint on or before April 30, 2013. Defendants will Answer the Amended Complaint, if one is filed, by July 1, 2013. Plaintiffs' motion for class certification of the Intervenor Offerings is due June 25, 2013. Defendants' opposition to class certification of the Intervenor Offerings is due September 11, 2013. Plaintiffs' reply in support of class certification of the Intervenor Offerings is due November 29, 2013. Completion of document productions by October 30, 2013.Completion of fact discovery by February 14,2014. Expert discovery to be completed by July 15, 2014. Motions for summary judgment to be filed by August 29, 2014. Oppositions to summary judgment to be filed by October 15, 2014. Replies in support of summary judgment to be filed by November 28, 2014. Assuming the Court denies the summary judgment motions in part or in whole by January 1, 2015. The Parties will submit a joint Pretrial Order by February 13, 2015 and the case shall be added the March 2015 trailing trial calendar. ( Request for Production of Documents due by 10/30/2013. Amended Pleadings due by 4/30/2013. Motions due by 8/29/2014. Responses due by 10/15/2014 Replies due by 11/28/2014. Expert Discovery due by 7/15/2014. Pretrial Order due by 2/13/2015.All Defendants). (Signed by Magistrate Judge Debra C. Freeman on 2/15/2013) (pl) Modified on 2/20/2013 (pl). (Entered: 02/19/2013)
SCHEDULING ORDER: The above-captioned cases having been referred to this Court to address discovery issues, it is hereby ORDERED that all counsel shall appear for a discovery conference before this Court on February 1,2013 at 11 :00 a.m., at the United States Courthouse, 500 Pearl Street, New York, New York, 10007, in Courtroom 17A. SO ORDERED. ( Discovery Conference set for 2/1/2013 at 11:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman.) (Signed by Magistrate Judge Debra C. Freeman on 1/11/2013) Copies Sent By Chambers. (ama) (Entered: 01/11/2013)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for If referral is for pretrial scheduling order/discovery disputes for a specific period when the District Judge is unavailable, the time period of the referral: 1/8/13-3/4/13. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Harold Baer on 1/8/2013) (cd) (Entered: 01/08/2013)
OPINION AND ORDER: #102754 I have considered the parties' remaining arguments and find them to be without merit. Defendants' motion to dismiss, RALI Defendants' motion to stay, and Plaintiffs' motion to reconsider are all DENIED. Plaintiffs' application for the modification of class definition in both cases is GRANTED. The Clerk of the Court is instructed to close the two motions and remove them from my docket. As per my email, I anticipate your new pretrial scheduling orders by Monday noon. (Signed by Judge Harold Baer on 1/3/2013) (rjm) Modified on 1/7/2013 (jab). (Entered: 01/04/2013)
DECLARATION of MICHAEL EISENKRAFT in Support re: 200 MOTION for Reconsideration re; 81 Memorandum & Opinion,,,. MOTION for Reconsideration re; 81 Memorandum & Opinion,,,.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Laitman, Joel) (Entered: 12/14/2012)
REPLY MEMORANDUM OF LAW in Support re: 200 MOTION for Reconsideration re; 81 Memorandum & Opinion,,,. MOTION for Reconsideration re; 81 Memorandum & Opinion,,,.. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Vacation Fund. (Laitman, Joel) (Entered: 12/14/2012)
REPLY MEMORANDUM OF LAW in Support re: 201 MOTION to Dismiss Intervenors' Section 11 Claims.. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Rice, Thomas) (Entered: 12/10/2012)
DECLARATION of Alan C. Turner in Opposition re: 200 MOTION for Reconsideration re; 81 Memorandum & Opinion,,,. MOTION for Reconsideration re; 81 Memorandum & Opinion,,,.. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Turner, Alan) (Entered: 12/05/2012)
MEMORANDUM OF LAW in Opposition re: 200 MOTION for Reconsideration re; 81 Memorandum & Opinion,,,. MOTION for Reconsideration re; 81 Memorandum & Opinion,,,.. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Rice, Thomas) (Entered: 12/05/2012)
MEMORANDUM OF LAW in Opposition re: 201 MOTION to Dismiss Intervenors' Section 11 Claims.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Eisenkraft, Michael) (Entered: 12/03/2012)
MEMORANDUM OF LAW in Support re: 201 MOTION to Dismiss Intervenors' Section 11 Claims.. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Rice, Thomas) (Entered: 11/16/2012)
MEMORANDUM OF LAW in Support re: 200 MOTION for Reconsideration re; 81 Memorandum & Opinion,,,. MOTION for Reconsideration re; 81 Memorandum & Opinion,,,.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 11/16/2012)
MOTION to Dismiss Intervenors' Section 11 Claims. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III.(Rice, Thomas) (Entered: 11/16/2012)
MOTION for Reconsideration re; 81 Memorandum & Opinion,,,. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Vacation Fund.(Rehns, Kenneth) (Entered: 11/16/2012)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Joel P. Laitman dated 11/7/2012 re: Counsel for plaintiff writes that after this morning's conference call with the Court, the parties have met and conferred on a revised schedule on the two initial motions contemplated in the proposed scheduling orders as follows: That any motion for reconsideration relating to dismissal of the previously dismissed Offering shall be filed by Class Counsel on or before November 16, 2012. Defendants Opposition shall be filed on or before December 5, 2012; Plaintiffs reply shall be filed on or before December 14, 2012. Any motion to dismiss based on application of the statute of repose to the Intervenor Offerings shall be filed by Defendants Counsel on or before November 16, 2012; Plaintiffs Opposition shall be filed on or before December 3, 2012. Defendants Reply shall be filed on or before December 10, 2012. ENDORSEMENT: So Ordered.., ( Motions due by 11/16/2012., Responses due by 12/5/2012, Replies due by 12/14/2012.) (Signed by Judge Harold Baer on 11/8/2012) (pl) (Entered: 11/08/2012)
MEMORANDUM OF LAW in Support re: 197 MOTION for Reconsideration re; 196 Memorandum & Opinion,,,,,,,,.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 11/05/2012)
MOTION for Reconsideration re; 196 Memorandum & Opinion,,,,,,,,. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(Rehns, Kenneth) (Entered: 11/05/2012)
OPINION AND ORDER # 102486 re: (167 in 2:08-cv-08781-HB-RLE, 167 in 2:08-cv-08781-HB-RLE, 167 in 2:08-cv-08781-HB-RLE) MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). filed by New Jersey Carpenters Health Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, (182 in 2:08-cv-05093-HB-DCF, 182 in 2:08-cv-05093-HB-DCF, 182 in 2:08-cv-05093-HB-DCF) MOTION to Appoint Counsel. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. I have considered the parties' remaining arguments and find them to be without merit. Because I am persuaded that Plaintiffs' expanded record provides a sufficient basis for me to find that common issues predominate over individual ones once the class is further narrowed to those who bought the securities on the date of offering directly from the issuers, Plaintiffs' amended motion for class certification is GRANTED in accordance with, this decision. Plaintiffs are appointed Class Representatives, and Cohen Milstein Sellers & Toll PLLC as Class Counsel, subject to its submission of an additional memorandum. The parties in both cases are also ordered to confer and submit a new pre-trial scheduling order within 10 days from the date hereof. The Clerk of the Court is instructed to close the two motions and remove them from my docket. (Signed by Judge Harold Baer on 10/15/2012) (lmb) Modified on 10/16/2012 (ft). (Entered: 10/15/2012)
195
Filed: 8/31/2012, Entered: None
SEALED DOCUMENT placed in vault.(mps) (Entered: 09/04/2012)
DECLARATION of Alan C. Turner (REDACTED) in Opposition re: 182 MOTION to Appoint Counsel. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s).. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Attachments: # 1 Exhibit 1 - Redacted, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 - Redacted, # 5 Exhibit 5 - Redacted, # 6 Exhibit 6 - Redacted)(Turner, Alan) (Entered: 08/31/2012)
REPLY MEMORANDUM OF LAW in Opposition re: 182 MOTION to Appoint Counsel. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). [REDACTED]. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Rice, Thomas) (Entered: 08/31/2012)
DECLARATION of Michael Eisenkraft in Support re: 182 MOTION to Appoint Counsel. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s).. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (1 OF 2), # 3 Exhibit 2 (2 OF 2), # 4 Exhibit 3 (FILED UNDER SEAL), # 5 Exhibit 4 (FILED UNDER SEAL))(Eisenkraft, Michael) (Entered: 08/22/2012)
REPLY MEMORANDUM OF LAW in Support re: 182 MOTION to Appoint Counsel. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). [REDACTED]. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Eisenkraft, Michael) (Entered: 08/22/2012)
ENDORSED LETTER addressed to Judge Harold Baer from Thomas C Rise dated 8/9/2012 re: Request for oral argument to be scheduled on plaintiff's motion for class certification. ENDORSEMENT: I'M PREPARED TO READ 5 MORE PAGES FROM EACH OF YOU, THIS TIME PLAINTIFFS WILL BE DUE ON OR BEFORE AUGUST 22 AND 5 FROM THE DEFENDANT DUE ON OR BEFORE AUGUST 31 -AS TO O/A IT MAY BE USEFUL FOR THE COURT ESPECIALLY IF YOU CAN ANALYZE WHAT HAPPENED IN THE CIRCUIT SINCE MY RALI CASE (i.e. relevant here) I'LL SET IT DOWN IF I DECIDE I DON'T NEED IT I'LL LET YOU KNOW -FOR NOW IT WILL BE ON SEPT. 6 AT 10:30A.M. ( Oral Argument set for 9/6/2012 at 10:30 AM before Judge Harold Baer.) (Signed by Judge Harold Baer on 8/13/2012) (cd) (Entered: 08/14/2012)
DECLARATION of Alan C. Turner- REDACTED (with REDACTED Exhibits 1-35) in Opposition re: 182 MOTION to Appoint Counsel. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s).. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Attachments: # 1 Exhibit 36-41 (REDACTED), # 2 Exhibit 42, # 3 Exhibit 43-51 (REDACTED))(Turner, Alan) (Entered: 08/06/2012)
MEMORANDUM OF LAW in Opposition re: 182 MOTION to Appoint Counsel. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). REDACTED DOCUMENT. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Turner, Alan) (Entered: 08/06/2012)
CERTIFICATE OF SERVICE. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Eisenkraft, Michael) (Entered: 08/06/2012)
DECLARATION of Michael Eisenkraft in Support re: 182 MOTION to Appoint Counsel. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s).. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Attachments: # 1 Exhibit 1-19)(Eisenkraft, Michael) (Entered: 08/06/2012)
MEMORANDUM OF LAW in Support re: 182 MOTION to Appoint Counsel. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s).. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Eisenkraft, Michael) (Entered: 08/06/2012)
MOTION to Appoint Counsel., MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s)., MOTION to Certify Class. Document filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself).(Eisenkraft, Michael) (Entered: 08/06/2012)
Costs Taxed as to 179 USCA Mandate,,, USCA Case Number 11-1684. in the amount of $368.65. Docketed as Judgment #12,0931 on 06/05/2012 in favor of Appellees The Royal Bank of Scotland, PLC, et al against Appellants Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, on behalf of Itself and All others Similarly Situated. (nd) (Entered: 06/05/2012)
MANDATE of USCA (Certified Copy) USCA Case Number 11-1684-cv. The district court did not abuse its discretion in denying class certification on thisrecord. We note, however, that our review is limited to the class definition that the judge rejected, and to the record as it stood at the time of this motion to certify. Our determination on this Rule 23(f) appeal is therefore without prejudice to further motion practice in the district court. Cf. Fed. R. Civ. P. 23(c)(1)(C) (An order that grants or denies class certification may be altered or amended before final judgment.). For the foregoing reasons, the district courts denial of class certification in both of these cases is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 5/21/2012. (tp) (Entered: 05/22/2012)
ENDORSED LETTER addressed to Judge Harold Baer Jr. from Joel P. Laitman dated 4/30/12 re: Based on the Second Circuit's ruling, Counsel seeks to lift the discovery stay in both actions for 60 days for the limited purpose of conducting additional limited discovery. ENDORSEMENT: I believe the Circuit was at least amenable if not suggesting another go round so I will order 60 days of discovery starting today and additional briefs of 10 pages of anything new and different, 10 pages for plaintiff and 10 pages from both defendants of anything new to be submitted on or before August 6, 2012. (Signed by Judge Harold Baer on 5/7/2012) (mro) (Entered: 05/07/2012)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Joel P. Laitman dated 3/15/2012 re: Counsel for the lead plaintiffs write on behalf of all counsel to request that the current stay of these actions be continued and that the cases remain on the Court's suspense docket. ENDORSEMENT: Thanks - at least there is movement, keep me posted. I'll continue on suspense until June 15 or earlier if something happens. (Signed by Judge Harold Baer on 3/15/2012) (ft) (Entered: 03/16/2012)
ENDORSED LETTER addressed to Judge Harold Baer from Joel P. Laitman dated 1/9/2012 re: We respectfully request that the current stay of these actions be continued and that the cases remain on the Court's suspense docket. ENDORSEMENT: I am anxious that we move cases - I'll extend suspense to March 15, 2012 and a status report at that time. (Signed by Judge Harold Baer on 1/10/2012) (lmb) (Entered: 01/10/2012)
NOTICE of Withdrawal of Appearance. Document filed by John C. Anderson, James C. Esposito, Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Meltzer, Jason) (Entered: 10/17/2011)
ENDORSED LETTER addressed to Judge Harold Baer from Alan C. Turner dated 8/24/2011 re: The parties jointly request that the case management conference scheduled for 9/8 be adjourned until such time as the second circuit has issued its ruling on the appeals. ENDORSEMENT: I will extend the time on my suspense calendar to January 9, 2012. At that time so the matter remains active please provide a status report of some sort and if the matter is decided earlier notify me fortwith. So Ordered. (Signed by Judge Harold Baer on 8/25/2011) (jfe) (Entered: 08/29/2011)
NOTICE of Withdrawal of Motion re: 169 FIRST MOTION TO MODIFY THE RECORD TO INCORPORATE THE COURT'S APRIL 28, 2011 LETTER TO ALL PARTIES.. Document filed by New Jersey Carpenters Vacation Fund. (Bunch, Stephen) (Entered: 06/22/2011)
MEMORANDUM OF LAW in Opposition re: 169 FIRST MOTION TO MODIFY THE RECORD TO INCORPORATE THE COURT'S APRIL 28, 2011 LETTER TO ALL PARTIES.. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Rice, Thomas) (Entered: 06/15/2011)
NOTICE of MOTION re: 170 Declaration in Support of Motion, 169 FIRST MOTION TO MODIFY THE RECORD TO INCORPORATE THE COURT'S APRIL 28, 2011 LETTER TO ALL PARTIES.. Document filed by New Jersey Carpenters Vacation Fund. (Eisenkraft, Michael) (Entered: 06/07/2011)
DECLARATION of MICHAEL B. EISENKRAFT in Support re: 169 FIRST MOTION TO MODIFY THE RECORD TO INCORPORATE THE COURT'S APRIL 28, 2011 LETTER TO ALL PARTIES.. Document filed by New Jersey Carpenters Vacation Fund. (Eisenkraft, Michael) (Entered: 06/06/2011)
FIRST MOTION TO MODIFY THE RECORD TO INCORPORATE THE COURT'S APRIL 28, 2011 LETTER TO ALL PARTIES. Document filed by New Jersey Carpenters Vacation Fund.(Eisenkraft, Michael) (Entered: 06/06/2011)
ORDER. These cases have been stayed pending an interlocutory review of the Court's denial of class certification. While defendants may raise their timeliness concerns after the stay is lifted, I decline to rule on them now. This Order should not be construed to reflect any predisposition as to the defendants' concerns. The Clerk of the Court is directed to place these cases on my suspense calendar. (Signed by Judge Harold Baer on 5/26/11) (rjm) (Entered: 05/31/2011)
ORDER. The parties' joint request to adjourn the August 18, 2011 status conference is granted. The parties are directed to appear in Chambers for a conference on September 8, 2011 at 2:00 P.M. (Status Conference set for 9/8/2011 at 02:00 PM before Judge Harold Baer.) (Signed by Judge Harold Baer on 5/26/11) (djc) (Entered: 05/26/2011)
AMENDED OPINION AND ORDER: For the foregoing reasons, the motions to dismiss are GRANTED to the extent that Intervenors' section 12 claims are dismissed, RALI Intervenors' Section 15 claims against the Underwriter Defendants are dismissed, IPERS' s claims related to Harborview offerings 2006-10 and 2007-7 are dismissed, and OCERS's claims related to RALI offering 2006Q06 are dismissed. Having considered Defendants' remaining arguments and found them unavailing, the motions to dismiss are otherwise DENIED. The Mississippi Public Employees' Retirement System ("MissPERS") indicated that it would agree to withdraw should the Court grant OCERS's motion to intervene. See 08cv8781 Dkt. No. 109, 1 n.2. OCERS was granted leave to intervene, and although MissPERS did not formally move to withdraw, it is hereby dismissed. The Clerk of the Court is instructed to close the relevant motions (08cv8781 Dkt. No. 126) (08cv5093 Dkt. No. 152). (Signed by Judge Harold Baer on 5/19/2011) (jpo) (Entered: 05/19/2011)
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 125 Memorandum of Law in Opposition to Motion, filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 113 Notice of Appearance filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 41 MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s) and Appoint Schoengold Sporn Laitman & Lometti, P.C. as Lead Counsel. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s) and Appoint Schoengold Sporn Laitman & Lometti, P.C. as Lead Counsel. filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 40 Notice of Appearance filed by Moody's Investors Service, Inc., 150 Endorsed Letter, 6 Notice of Appearance filed by Fitch Ratings, 53 Notice of Appearance filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 23 Reply Memorandum of Law in Support of Motion filed by New Jersey Carpenters Vacation Fund, 96 Notice of Appearance, filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 64 Declaration in Support of Motion,, filed by Greenwich Capital Markets, Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, 19 Notice of Appearance filed by Greenwich Capital Markets, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., The Royal Bank of Scotland Group, plc, 95 Endorsed Letter, Set Deadlines/Hearings, 131 Reply Memorandum of Law in Support of Motion, filed by New Jersey Carpenters Vacation Fund, Iowa Public Employees' Retirement System, Midwest Operating Engineers Pension Trust Fund, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Boilermaker Blacksmith National Pension Trust, 30 Notice of Appearance filed by The McGraw-Hill Companies, Inc., 121 Response to Motion, filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc., 32 Memorandum & Opinion, 104 Declaration in Support of Motion,, filed by New Jersey Carpenters Vacation Fund, Midwest Operating Engineers Pension Trust Fund, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Boilermaker Blacksmith National Pension Trust, 119 Notice of Appearance, filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 128 Notice of Appearance, filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 43 Declaration in Support of Motion, filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 85 Order on Motion to Appear Pro Hac Vice, 57 Notice of Change of Address, filed by New Jersey Carpenters Vacation Fund, 21 Rule 7.1 Corporate Disclosure Statement filed by Moody's Investors Service, Inc., 111 Affidavit of Service Other filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc., 118 Declaration in Support of Motion, filed by New Jersey Carpenters Vacation Fund, Iowa Public Employees' Retirement System, Boilermaker Blacksmith National Pension Trust, 91 Endorsed Letter, Set Deadlines,, 164 Endorsed Letter,, 153 Memorandum of Law in Support of Motion, filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 39 Order, Add and Terminate Attorneys, 163 USCA Mandate, 67 Memorandum of Law in Support of Motion, filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc., 123 MOTION for Julie G. Reiser to Appear Pro Hac Vice. filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 120 Endorsed Letter, 77 Notice (Other), Notice (Other) filed by Greenwich Capital Markets, Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, 89 Notice (Other), Notice (Other) filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 152 MOTION to Dismiss the Intervenors' Claims. filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 110 Memorandum of Law in Opposition to Motion, filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc., 72 Declaration in Opposition to Motion, filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 17 Declaration in Support of Motion, filed by New Jersey Carpenters Vacation Fund, 161 USCA Order, 66 Declaration in Support of Motion, filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc., 130 Notice (Other) filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 62 MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint. filed by Greenwich Capital Markets, Inc., Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, 127 Order on Motion to Appear Pro Hac Vice,, 52 Notice of Appearance filed by Fitch Ratings, 42 Memorandum of Law in Support of Motion,, filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 129 Notice (Other) filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 22 Memorandum of Law in Opposition to Motion,, filed by Fitch Ratings, Greenwich Capital Markets, Inc., Greenwich Capital Acceptance, Inc, HarborView Mortgage Loan Trust 2006-9, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, HarborView Mortgage Loan Trust 2006-5, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Carol P. Mathis, Moody's Investors Service, Inc., John C. Anderson, The Royal Bank of Scotland Group, plc, HarborView Mortgage Loan Trust 2006-4, The McGraw-Hill Companies, Inc., 34 Order, 68 Declaration in Support of Motion, filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc., 36 USCA Mandate - Other, 100 Memorandum of Law in Support of Motion, filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 92 MOTION for Matthew B. Kaplan to Appear Pro Hac Vice. filed by New Jersey Carpenters Vacation Fund, 133 Memorandum of Law in Opposition, filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, RBS Financial Products Inc., 15 MOTION to Remand to State Court. filed by New Jersey Carpenters Vacation Fund, 82 Stipulation and Order, Set Deadlines/Hearings,, 45 MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel Schoengold Sporn Laitman & Lometti, P.C.. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 16 Memorandum of Law in Support of Motion filed by New Jersey Carpenters Vacation Fund, 35 USCA Order - Other, 11 Notice of Appearance filed by New Jersey Carpenters Vacation Fund, 31 Notice of Appearance filed by Moody's Investors Service, Inc., 158 Memo Endorsement, 124 Order on Motion to Appear Pro Hac Vice, 147 Amended Complaint, filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 29 Rule 7.1 Corporate Disclosure Statement, filed by Greenwich Capital Markets, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., The Royal Bank of Scotland Group, plc, 1 Complaint,, filed by Fitch Ratings, Greenwich Capital Markets, Inc., Greenwich Capital Acceptance, Inc, HarborView Mortgage Loan Trust 2006-9, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, HarborView Mortgage Loan Trust 2006-5, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Carol P. Mathis, Moody's Investors Service, Inc., John C. Anderson, The Royal Bank of Scotland Group, plc, HarborView Mortgage Loan Trust 2006-4, The McGraw-Hill Companies, Inc., 134 Declaration in Opposition,, filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, RBS Financial Products Inc., 159 Transcript,, 97 Protective Order, 140 Order on Motion to Compel,,, 114 Notice of Appearance, filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 115 Reply Memorandum of Law in Support of Motion, filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 5 Notice of Appearance filed by Fitch Ratings, 160 Notice of Filing Transcript, 142 Notice of Appearance, filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 116 JOINT MOTION to Intervene by Lead Plaintiffs and Iowa Public Employees' Retirement System. filed by New Jersey Carpenters Vacation Fund, Iowa Public Employees' Retirement System, Boilermaker Blacksmith National Pension Trust, 65 MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint by the Rating Agency Defendants. filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc., 24 Declaration in Support of Motion filed by New Jersey Carpenters Vacation Fund, 106 Endorsed Letter,, 83 MOTION for Joshua S. Devore to Appear Pro Hac Vice. filed by New Jersey Carpenters Vacation Fund, 122 MOTION for Steven J. Toll to Appear Pro Hac Vice. filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 101 Declaration in Support of Motion,, filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 8 Rule 7.1 Corporate Disclosure Statement filed by Fitch Ratings, 47 Declaration in Support of Motion,,, filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 88 Notice of Appearance, filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 98 Stipulation and Order, 99 MOTION to Compel The McGraw-Hill Companies, Inc. and Moody's Investors Service, Inc. to Comply with Subpoena Duces Tecum. filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 84 Answer to Amended Complaint,, filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 146 Declaration in Opposition,, filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, RBS Financial Products Inc., 73 Reply Memorandum of Law in Support of Motion, filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc., 25 Endorsed Letter, Set Deadlines/Hearings,,,, 12 Notice of Appearance filed by Moody's Investors Service, Inc., 93 Order on Motion to Appear Pro Hac Vice, 154 Declaration in Support of Motion,, filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 136 Endorsed Letter, 61 Pretrial Order, 156 Memorandum of Law in Opposition to Motion, filed by New Jersey Carpenters Vacation Fund, Iowa Public Employees' Retirement System, Midwest Operating Engineers Pension Trust Fund, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Boilermaker Blacksmith National Pension Trust, 132 Order Referring Case to Magistrate Judge, 117 Memorandum of Law in Support of Motion, filed by New Jersey Carpenters Vacation Fund, Iowa Public Employees' Retirement System, Boilermaker Blacksmith National Pension Trust, 145 Memorandum of Law in Opposition,, filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 18 Notice of Appearance, filed by Greenwich Capital Markets, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., The Royal Bank of Scotland Group, plc, 28 Endorsed Letter, 126 Endorsed Letter,,, 79 Notice of Appearance filed by New Jersey Carpenters Vacation Fund, 26 Notice of Appearance filed by New Jersey Carpenters Vacation Fund, 44 Notice of Appearance filed by Boilermakers-Blacksmith National Pension Trust, 50 Memorandum of Law in Support of Motion, filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 109 Notice (Other), Notice (Other) filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 20 Notice of Appearance, filed by Greenwich Capital Markets, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., The Royal Bank of Scotland Group, plc, 56 Notice of Change of Address, filed by New Jersey Carpenters Vacation Fund, 58 Scheduling Order,,,,,, 69 Notice of Appearance filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 90 Notice of Change of Address filed by New Jersey Carpenters Vacation Fund, 10 Notice of Appearance filed by New Jersey Carpenters Vacation Fund, 102 JOINT MOTION to Intervene by Lead Plaintiffs, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity and Midwest Operating Engineers Pension Trust Fund. filed by New Jersey Carpenters Vacation Fund, Midwest Operating Engineers Pension Trust Fund, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Boilermaker Blacksmith National Pension Trust, 86 Notice of Change of Address filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 157 Reply Memorandum of Law in Support of Motion,, filed by RBS Securities, Inc., Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 103 Memorandum of Law in Support of Motion,, filed by New Jersey Carpenters Vacation Fund, Midwest Operating Engineers Pension Trust Fund, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Boilermaker Blacksmith National Pension Trust, 80 Notice of Appearance filed by Boilermaker Blacksmith National Pension Trust, 162 Memorandum & Opinion,,,, 87 Notice of Change of Address filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 78 Notice (Other) filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 46 Memorandum of Law in Support of Motion,, filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 151 Memorandum & Opinion,, 54 Amended Complaint,,,, filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 107 Notice (Other), Notice (Other) filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 74 Reply Memorandum of Law in Support of Motion, filed by Greenwich Capital Markets, Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, 112 Stipulation and Order, Set Deadlines/Hearings,,,, 49 Declaration in Support of Motion, filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 51 Scheduling Order, 81 Memorandum & Opinion,,, 48 MOTION to Appoint Counsel for Substitution of Proposed Lead Counsel. filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, 70 Memorandum of Law in Opposition to Motion, filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 7 Notice of Appearance filed by Fitch Ratings, 2 Rule 7.1 Corporate Disclosure Statement filed by The McGraw-Hill Companies, Inc., 38 Endorsed Letter, Set Hearings,, 139 Notice of Change of Address, filed by Greenwich Capital Markets, Inc., RBS Acceptance Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., RBS Securities Inc., Greenwich Capital Holdings, Inc., RBS Holdings USA Inc., The Royal Bank of Scotland Group, plc, RBS Financial Products Inc., 9 Affidavit of Service Other filed by Fitch Ratings, 13 Notice of Appearance filed by New Jersey Carpenters Vacation Fund, 75 Declaration in Support of Motion, filed by Greenwich Capital Markets, Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, 71 Memorandum of Law in Opposition to Motion, filed by New Jersey Carpenters Vacation Fund, Boilermaker Blacksmith National Pension Trust, 59 Notice of Change of Address, filed by New Jersey Carpenters Vacation Fund, 4 Stipulation and Order, Set Deadlines,, 63 Memorandum of Law in Support of Motion, filed by Greenwich Capital Markets, Inc., Greenwich Capital Acceptance, Inc, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Carol P. Mathis, John C. Anderson, The Royal Bank of Scotland Group, plc, 55 Notice of Change of Address, filed by New Jersey Carpenters Vacation Fund, 3 Affidavit of Service Other filed by The McGraw-Hill Companies, Inc., 60 Endorsed Letter,,, 143 Memorandum & Opinion,,,,, 94 Stipulation and Order, 14 Notice of Appearance filed by Moody's Investors Service, Inc. USCA Case Number 11-1684, were transmitted to the U.S. Court of Appeals. (tp) (Entered: 05/13/2011)
ENDORSED LETTER addressed to Judge Harold Baer, Jr from Joel P. Laitman dated 5/5/2011 re: Counsel respectfully request a stay of all proceedings and discovery in this matter until the Second Circuit issues its decision. ENDORSEMENT: A stay is hereby granted without object not until the Circuit decides the motion but until August 18 at 3:00 P.M. when we will consider any further extension at a pre trial conference. Obviously if the Circuit has decided the matter prior thereto you will call Chambers to set an earlier date for a pre trial conference. So Ordered. (Signed by Judge Harold Baer on 5/11/2011) (jfe) (Entered: 05/12/2011)
MANDATE of USCA (Certified Copy) USCA Case Number 11-0371-mv. Petitioners, through counsel, move, pursuant to FRCP 23(f), for leave to appeal the district court's order denying Petitioners' motion for class certification. Upon due consideration, it is hereby ORDERED that the petition is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/28/2011. (nd) (Entered: 04/29/2011)
OPINION AND ORDER: For the reasons set forth on this Opinion and Order, the motions to dismiss are GRANTED to the extent that Intervenors' section 12 claims are dismissed, RALI Intervenors' Section 15 claims against the Underwriter Defendants are dismissed, IPERS's claims related to Harborview offerings 2006-10 and 2007-7 are dismissed, and OCERS's claims related to RALI offering 2006-Q06 are dismissed. Having considered Defendants' remaining arguments and found them unavailing, the motions to dismiss are otherwise DENIED. The Mississippi Public Employees' Retirement System ("MissPERS") moved for and was granted leave to intervene in the RALI case. However, it is not named in the RALI SAC, has filed no other pleading, nor responded to the motion to dismiss. These lapses are grounds to dismiss for failure to prosecute, and MissPERS is hereby dismissed. See Lewis v. Rawson, 564 F.3d 569, 576 (2d Cir. 2009). The Clerk of the Court is instructed to close the relevant motion (08cv8781 Dkt. No. 126) (08cv5093 Dkt. No. 152). (Signed by Judge Harold Baer on 4/28/2011) (ab) (Entered: 04/28/2011)
TRUE COPY ORDER of USCA USCA Case Number 11-0371-mv. Petitioners, through counsel, move, pursuant to FRCP 23(f), for leave to appeal the district court's order denying Petitioners' motion for class certification. Upon due consideration, it is hereby ORDERED that the petition is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/28/2011. (nd) (Entered: 04/28/2011)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 4/1/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 04/28/2011)
TRANSCRIPT of Proceedings re: MOTION held on 4/1/11 before Judge Harold Baer. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/23/2011. Redacted Transcript Deadline set for 6/3/2011. Release of Transcript Restriction set for 8/1/2011.(McGuirk, Kelly) (Entered: 04/28/2011)
MEMO ENDORSEMENT on Proposed Stipulated Scheduling Order. ENDORSEMENT: First just for future reference I never sign blank pages for obvious reasons. 2d this is a good try for another year of litigation but that's not my agenda. We will have a pretrial conference following the decision on the current motion- meanwhile think telescopically. Schedule it for 10 days thereafter and confirm with Chambers. (Signed by Judge Harold Baer on 3/24/11) (cd) (Entered: 03/25/2011)
REPLY MEMORANDUM OF LAW in Support re: 152 MOTION to Dismiss the Intervenors' Claims.. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., RBS Securities, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Rice, Thomas) (Entered: 02/14/2011)
MEMORANDUM OF LAW in Opposition re: 152 MOTION to Dismiss the Intervenors' Claims.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 02/08/2011)
DECLARATION of Alan C. Turner, Esq. in Support re: 152 MOTION to Dismiss the Intervenors' Claims.. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Rice, Thomas) (Entered: 01/21/2011)
MEMORANDUM OF LAW in Support re: 152 MOTION to Dismiss the Intervenors' Claims.. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Rice, Thomas) (Entered: 01/21/2011)
MOTION to Dismiss the Intervenors' Claims. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III.(Rice, Thomas) (Entered: 01/21/2011)
OPINION AND ORDER: Plaintiffs have not met their burden of showing, by a preponderance of the evidence, that all the Rule 23 requirements have been satisfied. Ultimately, the individualized issues presented by the putative class members in both the RALI and Harborview cases predominate, and class treatment is not superior. The motions for class certification is therefore DENIED. As a result I need not consider whether to appoint Lead Plaintiffs as class representatives, nor whether to appoint Cohen Milstein Sellers & Toll PLLC as class counsel. The Clerk of the Court is instructed close the relevant motions and remove them from my docket. (Signed by Judge Harold Baer on 1/18/2011) (jar) (Entered: 01/18/2011)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Alan Turner, dated 1/12/2011, re: We represent Defendants in the above-captioned action. In its Opinion and Order dated December 22, 2010, permitting three additional plaintiffs to intervene in the action to assert claims relating to six additional mortgage-backed securities offerings, the Court stated that memoranda in support of any motion to dismiss the Intervenors' claims shall not exceed 5 pages, with 5 pages for opposition and 3 pages for reply briefs. Dec. 22, 2010 Opinion and Order at 9. Defendants respectfully request that the Court reconsider these page limits and permit Defendants to submit an opening memorandum of law not to exceed 10 pages, Plaintiff to have an equal number of pages for their opposition, and Defendants to have 5 pages for their reply. ENDORSEMENT: Denied Obey my order. SO ORDERED. (Signed by Judge Harold Baer on 1/13/2011) (lnl) (Entered: 01/13/2011)
CONSOLIDATED SECOND AMENDED SECURITIES CLASS ACTION COMPLAINT amending 54 Amended Complaint, against John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III.Document filed by New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself), Boilermaker Blacksmith National Pension Trust. Related document: 54 Amended Complaint filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(mbe) (Entered: 01/04/2011)
DECLARATION of Jason R. Meltzer (Supplemental) in Opposition re: 107 Notice (Other), Notice (Other). Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., Joseph N. Walsh,III. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G (Part 1 of 2), # 3 Exhibit G (Part 2 of 2), # 4 Exhibit H (Part 1 of 2), # 5 Exhibit H (Part 2 of 2), # 6 Exhibit I, # 7 Exhibit J-L)(Turner, Alan) (Entered: 01/03/2011)
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 107 Notice (Other), Notice (Other) to Lead Plaintiffs' Motion for Class Certification. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Turner, Alan) (Entered: 01/03/2011)
OPINION AND ORDER: For the foregoing reasons, the motions to intervene are GRANTED. In view of the reintroduction to the lawsuit of those offerings in which the Intervenors' purchased certificates, the parties are directed to submit a joint proposed order setting a new deadline for the completion of discovery as well as a deadline for briefing any motion to dismiss the Intervenors' claims that Defendants may wish to bring. Any such motion may be supported by memoranda submitted on a joint basis by all parties in each case not to exceed five pages for the collective moving parties, five pages for the collective opposing parties, and three pages for any reply, and fully briefed and in Chambers no or before February 14, 2010. Further briefing on the issue of class certification is unnecessary because the Intervenors' claims merely relate to more offerings of the same certificates currently in the lawsuit, and further argumentation on whether class certification would be appropriate as to those specific offerings would be redundant. The Clerk of the Court is instructed close the relevant motions (08cv8781 Docket Entry Nos. 74; 84; 91; and 98) (08cv5093 Docket Entry Nos. 102 and 116). (Signed by Judge Harold Baer on 12/21/2010) (jpo) (Entered: 12/22/2010)
NOTICE OF APPEARANCE by Bruce Domenick Angiolillo on behalf of John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III (Angiolillo, Bruce) (Entered: 12/20/2010)
ORDER: It is hereby ordered, as stated during the October 15 conference, that: Plaintiffs' motion to compel (Dkt. 99) is granted insofar as Plaintiffs seek to compel the production of documents containing: A. any data concerning the creditworthiness of the borrowers on the mortgage loans underlying the securities at issue; Communications between the Rating Agencies and any of the defendants about whether the underwriting guidelines on the mortgages were in fact being met; any analyses of the extent to which the mortgages were in fact being met; any analyses of the extent to which the mortgages at issue complied with the originators' guidelines, but only if such analyses were provided or available to any of the defendants. All other provisions as further set forth in this order. So Ordered. (Signed by Magistrate Judge Debra C. Freeman on 10/20/2010) Copies Mailed By Chambers. (js) (Entered: 10/20/2010)
NOTICE OF CHANGE OF ADDRESS by David Elbaum on behalf of Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc. New Address: Brune & Richard LLP, One Battery Park Plaza, 34th Floor, New York, New York, 10004,. (Elbaum, David) (Entered: 10/04/2010)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Christopher Lometti dated 9/20/10 re: Lead Plaintiffs request that they be allotted fifteen pages for their reply brief. ENDORSEMENT: Request denied. (Signed by Judge Harold Baer on 9/21/10) (djc) (Entered: 09/21/2010)
DECLARATION of Alan C. Turner (REDACTED) in Opposition re: 107 Notice (Other), Notice (Other). Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., Joseph N. Walsh,III. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-J)(Turner, Alan) (Entered: 09/16/2010)
MEMORANDUM OF LAW in Opposition re: 107 Notice (Other), Notice (Other) (REDACTED). Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc.. (Rice, Thomas) (Entered: 09/16/2010)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Discovery dispute. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Harold Baer on 8/31/10) (pl) (Entered: 08/31/2010)
JOINT REPLY MEMORANDUM OF LAW in Support re: 102 JOINT MOTION to Intervene by Lead Plaintiffs, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity and Midwest Operating Engineers Pension Trust Fund., 116 JOINT MOTION to Intervene by Lead Plaintiffs and Iowa Public Employees' Retirement System.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Midwest Operating Engineers Pension Trust Fund, New Jersey Carpenters Vacation Fund. (Rehns, Daniel) (Entered: 08/30/2010)
NOTICE of Supplemental Filing of Amended Certification. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit A)(Rehns, Kenneth) (Entered: 08/30/2010)
NOTICE of Filing of Amended Certification. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit A)(Rehns, Kenneth) (Entered: 08/30/2010)
NOTICE OF APPEARANCE by David Elbaum on behalf of Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc (Elbaum, David) (Entered: 08/26/2010)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, that Julie G. Reiser is admitted to practice pro hac vice as counsel for Lead Plaintiffs, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust ("Plaintiffs") in the above captioned case in the United States District Court for the Southern District of New York. Endorsement: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. So Ordered. (Signed by Judge Harold Baer on 8/25/10) (pl) Modified on 8/25/2010 (pl). Modified on 8/25/2010 (pl). (Entered: 08/25/2010)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Michael Eisenkraft dated 8/24/10 re: counsel for Lead plaintiff writes to apprise the Court that the parties have conferred regarding the current briefing schedule governing the Lead Plaintiffs' pending motion for class certification and have determined that a short extension thereof is appropriate in order to accommodate certain non-party discovery. ENDORSEMENT: 6 weeks for a subpoena is far fetched coupled with the fact that you set the dates and should stay with them. Finally if you have problems with the timetable best let me know. August is far easier for most of us to make time than September. Denied. (Signed by Judge Harold Baer on 8/25/10) (pl) Modified on 8/25/2010 (pl). (Entered: 08/25/2010)
MEMORANDUM OF LAW in Opposition re: 102 JOINT MOTION to Intervene by Lead Plaintiffs, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity and Midwest Operating Engineers Pension Trust Fund., 116 JOINT MOTION to Intervene by Lead Plaintiffs and Iowa Public Employees' Retirement System.. Document filed by John C. Anderson, James C. Esposito, Greenwich Capital Acceptance, Inc, Greenwich Capital Financial Products, Inc., Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Carol P. Mathis, Robert J. McGinnis, RBS Acceptance Inc., RBS Financial Products Inc., RBS Holdings USA Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Joseph N. Walsh,III. (Rice, Thomas) (Entered: 08/20/2010)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. ORDER granting 122 Motion for Steven J. Toll to Appear Pro Hac Vice for Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. ENDORSEMENT: Application for Pro Hac Vice GRANTED. The Clerk is Instructed to close this motion. SO ORDERED. (Signed by Judge Harold Baer on 8/17/10) (db) (Entered: 08/17/2010)
MOTION for Julie G. Reiser to Appear Pro Hac Vice. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(mro) (Entered: 08/13/2010)
MOTION for Steven J. Toll to Appear Pro Hac Vice. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund(All Others Similarly Situated).(mbe) (Entered: 08/12/2010)
RESPONSE to Motion re: 99 MOTION to Compel The McGraw-Hill Companies, Inc. and Moody's Investors Service, Inc. to Comply with Subpoena Duces Tecum. Joint Sur-Reply in Further Opposition. Document filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc.. (Rubins, Joshua) (Entered: 08/11/2010)
ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Brian T. Markley dated 8/3/10 re: I write respectfully to request that the Court schedule oral argument on the Motion, or, in the alternative, grant the Rating Agencies leave to file a sur-reply. ENDORSEMENT: Granted. Any sur-reply should be no more than 5 pages. So ordered. (Signed by Magistrate Judge Debra C. Freeman on 8/4/10) (rjm) (Entered: 08/04/2010)
NOTICE OF APPEARANCE by Richard A Speirs on behalf of Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself) (Speirs, Richard) (Entered: 08/03/2010)
DECLARATION of Kenneth M. Rehns in Support re: 116 JOINT MOTION to Intervene by Lead Plaintiffs and Iowa Public Employees' Retirement System.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, New Jersey Carpenters Vacation Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rehns, Kenneth) (Entered: 07/30/2010)
MEMORANDUM OF LAW in Support re: 116 JOINT MOTION to Intervene by Lead Plaintiffs and Iowa Public Employees' Retirement System.. Document filed by Boilermaker Blacksmith National Pension Trust, Iowa Public Employees' Retirement System, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 07/30/2010)
JOINT MOTION to Intervene by Lead Plaintiffs and Iowa Public Employees' Retirement System. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, Iowa Public Employees' Retirement System.(Rehns, Kenneth) (Entered: 07/30/2010)
REPLY MEMORANDUM OF LAW in Support re: 99 MOTION to Compel The McGraw-Hill Companies, Inc. and Moody's Investors Service, Inc. to Comply with Subpoena Duces Tecum.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 07/29/2010)
NOTICE OF APPEARANCE by Christopher Lometti on behalf of Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, New Jersey Carpenters Vacation Fund(All Others Similarly Situated), New Jersey Carpenters Vacation Fund(On Behalf of Itself) (Lometti, Christopher) (Entered: 07/29/2010)
NOTICE OF APPEARANCE by Joel Paul Laitman on behalf of Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund (Laitman, Joel) (Entered: 07/29/2010)
STIPULATION AND ORDER GOVERNING PENDING AND ANTICIPATED MOTIONS TO INTERVENE. IT IS HEREBY STIPULATED AND AGREED, by and among undersigned counsel, subject to the approval of the Court, that any motion to intervene filed on or before August 1, 2010 shall be governed by the following briefing schedule: (1) Defendants' shall file a single Opposition brief on or before August 20, 2010. (2) Plaintiffs and Proposed Intervenors shall jointly file a single Reply brief on or before August 30, 2010. (Motions to Intervene due by 8/1/2010., Replies due by 8/30/2010., Responses due by 8/20/2010) (Signed by Judge Harold Baer on 7/26/10) (rjm) (Entered: 07/26/2010)
JOINT MEMORANDUM OF LAW in Opposition re: 99 MOTION to Compel The McGraw-Hill Companies, Inc. and Moody's Investors Service, Inc. to Comply with Subpoena Duces Tecum.. Document filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc.. (Abrams, Floyd) (Entered: 07/19/2010)
NOTICE of Withdrawal of Appearance. Document filed by The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., RBS Holdings USA Inc., RBS Acceptance Inc., RBS Financial Products Inc., RBS Securities Inc., Greenwich Capital Financial Products, Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito. (Gamble, James) (Entered: 07/16/2010)
NOTICE of MOTION FOR CLASS CERTIFICATION, TO CERTIFY LEAD PLAINTIFFS AS CLASS REPRESENTATIVES, AND TO APPOINT COHEN MILSTEIN SELLERS & TOLL PLLC AS CLASS COUNSEL. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Eisenkraft, Michael) (Entered: 07/15/2010)
ENDORSED LETTER addressed to Judge Harold Baer, Jr from Christopher Lometti dated 7/13/2010 re: Counsel writes to advise the Court of a motion to intervene filed yesterday by two pension funds and another motion to intervene expected to be filed on behalf oftwo state pension funds within the next few weeks. Once the motions are fully briefed in accordance with an agreed upon Schedule, Plaintiffs will provide the Court with courtesy copies of the entire set of all motion papers. ENDORSEMENT: Fine. So Ordered. (Signed by Judge Harold Baer on 7/14/2010) (jfe) (Entered: 07/14/2010)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute Discovery Dispute. Motion to Compel. Referred to Magistrate Judge Debra C. Freeman. Motions referred to Debra C. Freeman. (Signed by Judge Harold Baer on 7/12/10) (rjm) (Entered: 07/13/2010)
DECLARATION of Kenneth M. Rehns in Support re: 102 JOINT MOTION to Intervene by Lead Plaintiffs, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity and Midwest Operating Engineers Pension Trust Fund.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Midwest Operating Engineers Pension Trust Fund. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rehns, Kenneth) (Entered: 07/12/2010)
MEMORANDUM OF LAW in Support re: 102 JOINT MOTION to Intervene by Lead Plaintiffs, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity and Midwest Operating Engineers Pension Trust Fund.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Midwest Operating Engineers Pension Trust Fund. (Rehns, Kenneth) (Entered: 07/12/2010)
JOINT MOTION to Intervene by Lead Plaintiffs, Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity and Midwest Operating Engineers Pension Trust Fund. Document filed by Laborers Pension Fund and Health and Welfare Department of the Construction and General Laborers District Counsel of Chicago and Vicinity, Midwest Operating Engineers Pension Trust Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(Rehns, Kenneth) (Entered: 07/12/2010)
DECLARATION of Kenneth M. Rehns in Support re: 99 MOTION to Compel The McGraw-Hill Companies, Inc. and Moody's Investors Service, Inc. to Comply with Subpoena Duces Tecum.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (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 - Part 1, # 7 Exhibit Exhibit F - Part 2, # 8 Exhibit Exhibit F - Part 3, # 9 Exhibit Exhibit G, # 10 Exhibit Exhibit H, # 11 Exhibit Exhibit I, # 12 Exhibit Exhibit J)(Rehns, Kenneth) (Entered: 07/01/2010)
MEMORANDUM OF LAW in Support re: 99 MOTION to Compel The McGraw-Hill Companies, Inc. and Moody's Investors Service, Inc. to Comply with Subpoena Duces Tecum.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 07/01/2010)
MOTION to Compel The McGraw-Hill Companies, Inc. and Moody's Investors Service, Inc. to Comply with Subpoena Duces Tecum. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(Rehns, Kenneth) (Entered: 07/01/2010)
STIPULATION AND ORDER GOVERNING EXPERT DISCOVERY: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for parties in the above captioned action, as follows: The following categories of documents, data, information, or materials need not be disclosed by the parties or their Retained Experts and are outside the scope of permissible discovery (including deposition questions) set forth within this Order. Nothing in this agreement is meant to shield from discovery information about the compensation of any Retained Expert. Detailed time records of Retained Experts are not discoverable, but summaries of the time billed by Retained Experts shall be produced. Nothing in this agreement is intended to relieve a party of the obligation to disclose the data or other information, regardless of source, relied upon by a Retained Expert in forming his or her opinions in this matter, and to identify such data or other information in his or her expert report, in accordance with Federal Rule of Civil Procedure 26(a)(2)(B). Except to the extent modified herein, or by further agreement of the parties and any orders of the Court, expert discovery shall be governed by the applicable rules set forth in the Federal Rules of Civil Procedure and this Court's local rules. (Signed by Judge Harold Baer on 6/23/2010) (jfe) (Entered: 06/23/2010)
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Harold Baer on 6/1/10) (cd) (Entered: 06/01/2010)
NOTICE OF APPEARANCE by Alan Craig Turner on behalf of The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., RBS Holdings USA Inc., RBS Acceptance Inc., RBS Financial Products Inc., RBS Securities Inc., Greenwich Capital Financial Products, Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito (Turner, Alan) (Entered: 05/27/2010)
ENDORSED LETTER addressed to Judge Harold Baer, Jr from Michael B. Eisenkraft dated 5/21/10 re: submission of discovery deadlines. Motion for summary judgment filed by 7/08/11; opposition to summary motion filed by 09/08/11; Reply to summary judgment filed by 10/11/11; Expert Discovery completed by 6/8/10 In the event the Court denies said summary judgment motion in whole or in part by December 21, 2011, a joint pre-trial order shall be filed by 1/20/12; Case added to the Trailing Trial Calendar - March 2012; ENDORSEMENT: These dates are OK with me. Let's see if the rest of this litigation can go even more smoothly. (Signed by Judge Harold Baer on 5/26/10) (djc) Modified on 5/27/2010 (djc). Modified on 5/28/2010 (djc). Modified on 5/28/2010 (djc). Modified on 5/28/2010 (djc). Modified on 6/8/2010 (djc). (Entered: 05/26/2010)
STIPULATION EXTENDING DEADLINE TO FILE CLASS CERTIFICATION MOTION; The time within which Lead Plaintiffs may move for class certification is extended through and including July 15, 2010. This will not interfere with other provisions in the June 4, 2009 pre-trial Scheduling Order. SO ORDERED. (Signed by Judge Harold Baer on 5/20/2010) (tve) (Entered: 05/20/2010)
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. ORDER granting 92 Motion for Matthew B. Kaplan to Appear Pro Hac Vice for New Jersey Carpenters Vacation Fund. ENDORSEMENT: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. SO ORDERED. Be aware, I rarely (now that your a member of the SDNY) sign a blank page w/my name on it. (Signed by Judge Harold Baer on 5/18/10) (db) (Entered: 05/18/2010)
ENDORSED LETTER addressed to Judge Harold Baer from Michael B. Eisenkraft dated 4/27/2010 re: Counsel for Lead Plaintiff requests an extension of time until 8/16/2010 to make their motion for class certification. ENDORSEMENT: If all parties agree that this extension will not interfere with pre trial scheduling order's other provisions fine, if not- Denied. (Signed by Judge Harold Baer on 5/6/2010) (tro) (Entered: 05/14/2010)
NOTICE OF CHANGE OF ADDRESS by Michael Benjamin Eisenkraft on behalf of all plaintiffs. New Address: Cohen Milstein Sellers & Toll PLLC, 88 Pine Street, 14th Floor, New York, NY, USA 10005, 212.838.7797. (Eisenkraft, Michael) (Entered: 04/23/2010)
NOTICE of Withdrawal of Appearance re: 20 Notice of Appearance,. Document filed by The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., RBS Holdings USA Inc., RBS Acceptance Inc., RBS Financial Products Inc., RBS Securities Inc., Greenwich Capital Financial Products, Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito. (Lucht, Christopher) (Entered: 04/22/2010)
NOTICE OF APPEARANCE by Jason Robert Meltzer on behalf of The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., RBS Holdings USA Inc., RBS Acceptance Inc., RBS Financial Products Inc., RBS Securities Inc., Greenwich Capital Financial Products, Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito (Meltzer, Jason) (Entered: 04/22/2010)
NOTICE OF CHANGE OF ADDRESS by Kenneth Mark Rehns on behalf of Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. New Address: 88 Pine Street, 14th Floor, New York, New York, 10005,. (Rehns, Kenneth) (Entered: 04/22/2010)
NOTICE OF CHANGE OF ADDRESS by Daniel Brett Rehns on behalf of Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. New Address: 88 Pine Street, 14th Floor, New York, New York, 10005,. (Rehns, Daniel) (Entered: 04/22/2010)
MEMO ENDORSEMENT on re: 83 Motion for Joshua S. Devore to Appear Pro Hac Vice. ENDORSEMENT: Application for Pro Hac Vice GRANTED. The Clerk is instructed to close this motion. So Ordered. (Signed by Judge Harold Baer on 4/20/2010) (jfe) (Entered: 04/20/2010)
ANSWER to Amended Complaint. Document filed by RBS Holdings USA Inc., RBS Acceptance Inc., RBS Financial Products Inc., RBS Securities Inc., The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito. Related document: 54 Amended Complaint,,,, filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund.(Rice, Thomas) (Entered: 04/16/2010)
STIPULATED SCHEDULING ORDER: It is hereby stipulated and agreed by and between the parties that the RBS Defendants time to file a pleading responsive to remaining allegations and claims in the complaint is extended until April 16, 2010. (Signed by Judge Harold Baer on 4/9/2010) (jpo) (Entered: 04/12/2010)
OPINION AND ORDER:#98739 For the foregoing reasons, Plaintiffs' causes of action against the Ratings Agency Defendants are dismissed. Plaintiffs' claims against the RBS Defendants with regard to the offerings they did not purchase are dismissed for lack of standing. Plaintiffs' claims related to allegations of conflicts of interest between the RBS Defendants and the rating agencies, as well as claims related to allegations of outdated rating models and inadequate credit enhancements, are dismissed for failure to state a claim. Plaintiffs' claims related to the disregard of underwriting guidelines may proceed. The Clerk of the Court is instructed close the relevant motions (Docket Nos. 62 and 65) and remove them from my docket. (Signed by Judge Harold Baer on 3/26/2010) (jfe) Modified on 3/30/2010 (eef). (Entered: 03/26/2010)
NOTICE OF APPEARANCE by Michael Benjamin Eisenkraft on behalf of Boilermaker Blacksmith National Pension Trust (Eisenkraft, Michael) (Entered: 03/04/2010)
NOTICE of Supplemental Authority. Document filed by The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito. (Attachments: # 1 Exhibit A)(Rice, Thomas) (Entered: 01/13/2010)
DECLARATION of James G. Gamble, Esq. in Support re: 62 MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint.. Document filed by The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito. (Attachments: # 1 Exhibit 1-8)(Gamble, James) (Entered: 10/12/2009)
REPLY MEMORANDUM OF LAW in Support re: 62 MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint.. Document filed by The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito. (Gamble, James) (Entered: 10/12/2009)
REPLY MEMORANDUM OF LAW in Support re: 65 MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint by the Rating Agency Defendants.. Document filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc.. (Abrams, Floyd) (Entered: 10/12/2009)
DECLARATION of Joel P. Laitman in Opposition re: 62 MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 09/21/2009)
MEMORANDUM OF LAW in Opposition re: 62 MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 09/21/2009)
MEMORANDUM OF LAW in Opposition re: 65 MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint by the Rating Agency Defendants.. Document filed by Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. (Rehns, Kenneth) (Entered: 09/21/2009)
NOTICE OF APPEARANCE by Stephen Douglas Bunch on behalf of New Jersey Carpenters Vacation Fund(On Behalf of Itself), Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund(All Others Similarly Situated) (Bunch, Stephen) (Entered: 08/10/2009)
DECLARATION of Joshua M. Rubins in Support re: 65 MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint by the Rating Agency Defendants.. Document filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc.. (Attachments: # 1 Exhibit A to Declaration of Joshua M. Rubins)(Rubins, Joshua) (Entered: 07/15/2009)
MEMORANDUM OF LAW in Support re: 65 MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint by the Rating Agency Defendants.. Document filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc.. (Abrams, Floyd) (Entered: 07/15/2009)
DECLARATION of Floyd Abrams in Support re: 65 MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint by the Rating Agency Defendants.. Document filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc.. (Abrams, Floyd) (Entered: 07/15/2009)
MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint by the Rating Agency Defendants. Document filed by Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc..(Abrams, Floyd) (Entered: 07/15/2009)
DECLARATION of Thomas C. Rice in Support re: 62 MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint.. Document filed by The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito. (Attachments: # 1 Exhibit 1-4, # 2 Exhibit 5-6, # 3 Exhibit 7-11, # 4 Exhibit 12-20, # 5 Exhibit 21-33, # 6 Exhibit 34-42, # 7 Exhibit 43-52)(Rice, Thomas) (Entered: 07/15/2009)
MEMORANDUM OF LAW in Support re: 62 MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint.. Document filed by The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito. (Rice, Thomas) (Entered: 07/15/2009)
MOTION to Dismiss the Consolidated First Amended Securities Class Action Complaint. Document filed by The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito.(Rice, Thomas) (Entered: 07/15/2009)
PRETRIAL ORDER NO.1: Procedures to be followed that will govern the handling of pretrial matters. ENDORSEMENT: Lead counsel is appointed on the understanding that they and any co-counsel will adhere to the spirit of my decision in In re J.P. Morgan Chase Cash Balance Litigation, 242 F.R.D. 265, 27778 (S.D.N.Y. 2007). SO ORDERED. (Signed by Judge Harold Baer on 6/30/09) (db) (Entered: 06/30/2009)
ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Floyd Abrams dated 6/23/2009 re: Securities Class Action Complaint" (the "Amended Complaint") in excess of the page limits set forth in Paragraph 4.C of Your Honor's Individual Practices. The Rating Agency Defendants will submit a joint brief in support of their motions to dismiss the Amended Complaint not to exceed 30 pages in length, which will address issues unique to the Rating Agency Defendants. Defendants have conferred with Lead Plaintiffs and are informed that they consent to this request provided that they are given the same page limitations for their opposition papers. ENDORSEMENT: Unique as the arguments may be I'm confident that 25 pages for Bank of Scotland defendants and 15 for rating agencies will tell me everything I need to know. (Signed by Judge Harold Baer on 6/30/2009) (jmi) (Entered: 06/30/2009)
NOTICE OF CHANGE OF ADDRESS by Joel Paul Laitman on behalf of New Jersey Carpenters Vacation Fund(On Behalf of Itself). New Address: Cohen Milstein Sellers & Toll, PLLC, 150 East 52nd Street, Suite 30th Floor, New York, NY, 10022, (212) 838-7797. (Laitman, Joel) (Entered: 06/19/2009)
CORRECTED STIPULATED SCHEDULING ORDER: Lead Plaintiff shall file a first amended class action complaint by May 19, 2009. Defendants shall serve and file answer to the amended complaint or motions to dismiss by July 15, 2009. If a motion to dismiss is filed, and the Lead Plaintiff notifies the Court and the Defendants pursuant to the court's Individual Practice Rules that it will rely on the amended complaint that is the subject of the motion to dismiss, Lead Plaintiff shall serve and file opposition papers by September 19, 2009. Reply papers shall be served and filed by October 12, 2009. In the event that the Lead Plaintiff opts to rely on the pleading being attacked in response to a motion to dismiss, and the Court denies said motion, either in whole or in part, by December 18, 2009, then the following schedule shall apply: (a) Fact discovery shall be completed by October 31, 2010. (b) A motion for class certification shall be filed by February 16, 2010. Opposition papers shall be filed by April 19, 2010. Reply papers shall be filed by May 3, 2010. Rebuttal expert reports shall be served by January 31, 2011. Expert discovery shall be completed by February 28, 2011. Motions for summary judgment shall be filed by March 31, 2011. Opposition papers shall be served by May 30, 2011. Reply papers shall be served by June 30, 2011. In the event the Court denies said motions by September 15, 2010, a joint pre-trial order shall be filed by October 15, 2011. This case shall be added to the November 2011 Trailing Trial Calendar. (Signed by Judge Harold Baer on 6/4/09) (tro) (Entered: 06/05/2009)
NOTICE OF CHANGE OF ADDRESS by Christopher Lometti on behalf of New Jersey Carpenters Vacation Fund(On Behalf of Itself). New Address: Cohen Milstein Sellers & Toll PLLC, 150 East 52nd Street, 30th Floor, New York, New York, USA 10022, 212-838-7797. (Lometti, Christopher) (Entered: 05/27/2009)
NOTICE OF CHANGE OF ADDRESS by Kenneth Mark Rehns on behalf of New Jersey Carpenters Vacation Fund(On Behalf of Itself). New Address: Cohen Milstein Sellers & Toll PLLC, 150 East 52nd Street, 30th Floor, New York, New York, USA 10022, 212-838-7797. (Rehns, Kenneth) (Entered: 05/26/2009)
NOTICE OF CHANGE OF ADDRESS by Daniel Brett Rehns on behalf of New Jersey Carpenters Vacation Fund(On Behalf of Itself). New Address: Cohen Milstein Sellers & Toll PLLC, 150 East 52nd Street, 30th Floor, New York, New York, USA 10022, 212-838-7797. (Rehns, Daniel) (Entered: 05/21/2009)
CONSOLIDATED FIRST AMENDED SECURITIES CLASS ACTION COMPLAINT amending 1 Complaint,, against The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc., Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito, Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc..Document filed by New Jersey Carpenters Vacation Fund(On Behalf of Itself), Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund(All Others Similarly Situated). Related document: 1 Complaint,, filed by Fitch Ratings, Greenwich Capital Markets, Inc., Greenwich Capital Acceptance, Inc, HarborView Mortgage Loan Trust 2006-9, Joseph N. Walsh,III, Robert J. McGinnis, James C. Esposito, Greenwich Capital Financial Products, Inc., HarborView Mortgage Loan Trust 2006-5, Greenwich Capital Holdings, Inc., Carol P. Mathis, Moody's Investors Service, Inc., John C. Anderson, The Royal Bank of Scotland Group, plc, The McGraw-Hill Companies, Inc., HarborView Mortgage Loan Trust 2006-4.(dle) (Entered: 05/20/2009)
NOTICE OF APPEARANCE by Kenneth Mark Rehns on behalf of New Jersey Carpenters Vacation Fund(On Behalf of Itself), Boilermakers-Blacksmith National Pension Trust (Rehns, Kenneth) (Entered: 05/18/2009)
STIPULATED SCHEDULING ORDER: Amended Pleadings due by 5/19/2009. Motion to Dismiss by 6/15/09. Response by 9/19/09. Reply by 10/12/09. Class Certification Motions due by 2/16/2010. Responses due by 4/19/2010. Replies due by 5/3/2010. Fact Discovery due 10/31/10. Summary Judgment Motions by 3/31/11. Expert Discovery due by 2/28/2011. Joint Pretrial Order due by 10/15/2011. All other details are as further set forth in said Order. (Signed by Judge Harold Baer on 4/27/09) (db) (Entered: 04/29/2009)
MEMORANDUM OF LAW in Support re: 48 MOTION to Appoint Counsel for Substitution of Proposed Lead Counsel.. Document filed by New Jersey Carpenters Vacation Fund(On Behalf of Itself), Boilermakers-Blacksmith National Pension Trust. (Lometti, Christopher) (Entered: 04/16/2009)
DECLARATION of Christopher Lometti in Support re: 48 MOTION to Appoint Counsel for Substitution of Proposed Lead Counsel.. Document filed by New Jersey Carpenters Vacation Fund(On Behalf of Itself), Boilermakers-Blacksmith National Pension Trust. (Attachments: # 1 Exhibit A)(Lometti, Christopher) (Entered: 04/16/2009)
MOTION to Appoint Counsel for Substitution of Proposed Lead Counsel. Document filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund(All Others Similarly Situated).(Lometti, Christopher) (Entered: 04/16/2009)
DECLARATION of Christopher Lometti in Support re: 45 MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel Schoengold Sporn Laitman & Lometti, P.C.. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s).. Document filed by New Jersey Carpenters Vacation Fund(On Behalf of Itself), Boilermakers-Blacksmith National Pension Trust. (Attachments: # 1 Exhibit A - PSLRA Press Relese, # 2 Exhibit B - Executed Certification of Securities Class Action on Behalf of New Jersey Carpetners Vacation Fund, # 3 Exhibit C - Executed Certification of Securities Class Action on Behalf of Boilermaker Blacksmith National Pension Trust, # 4 Exhibit D - SSLL Firm Bio)(Rehns, Daniel) (Entered: 03/24/2009)
MEMORANDUM OF LAW in Support re: 45 MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel Schoengold Sporn Laitman & Lometti, P.C.. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s).. Document filed by New Jersey Carpenters Vacation Fund(On Behalf of Itself), Boilermakers-Blacksmith National Pension Trust. (Rehns, Daniel) (Entered: 03/24/2009)
MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s)., MOTION to Appoint Counsel Schoengold Sporn Laitman & Lometti, P.C.. Document filed by New Jersey Carpenters Vacation Fund(On Behalf of Itself), Boilermakers-Blacksmith National Pension Trust.(Rehns, Daniel) (Entered: 03/24/2009)
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Christopher Lometti, Esq. in Support re: 41 MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s) and Appoint Schoengold Sporn Laitman & Lometti, P.C. as Lead Counsel. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s) and Appoint Schoengold Sporn Laitman & Lometti, P.C. as Lead Counsel.. Document filed by New Jersey Carpenters Vacation Fund(On Behalf of Itself), Boilermakers-Blacksmith National Pension Trust. (Attachments: # 1 Exhibit A - PSLRA Press Release, # 2 Exhibit B - Executed Certification of Securities Class Action on behalf of New Jersey Carpenters Vacation Fund, # 3 Exhibit D - Executed Certification of Securities Class Action on behalf of Boilermaker Blacksmith National Pension Trust, # 4 Exhibit D - Schoengold Sporn Laitman & Lometti, P.C. Firm Bio)(Rehns, Daniel) Modified on 3/24/2009 (jar). (Entered: 03/23/2009)
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 41 MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s) and Appoint Schoengold Sporn Laitman & Lometti, P.C. as Lead Counsel. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s) and Appoint Schoengold Sporn Laitman & Lometti, P.C. as Lead Counsel.. Document filed by New Jersey Carpenters Vacation Fund(On Behalf of Itself), Boilermakers-Blacksmith National Pension Trust. (Rehns, Daniel) Modified on 3/24/2009 (jar). (Entered: 03/23/2009)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s) and Appoint Schoengold Sporn Laitman & Lometti, P.C. as Lead Counsel. Document filed by Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund(On Behalf of Itself).(Rehns, Daniel) Modified on 3/24/2009 (jar). (Entered: 03/23/2009)
NOTICE OF WITHDRAWAL OF FRANK R. SCHIRRIPA AS ATTORNEY OF RECORD Please take notice that Frank R. Schirripa is no longer an Attorney of Record for Lead Plaintiff New Jersey Fund in the within Action as of this 13th day of February. (Signed by Judge Harold Baer on 2/27/09) (mme) (Entered: 02/27/2009)
ENDORSED LETTER addressed to Judge Harold Baer, Jr from Daniel B. Rehns dated 2/12/2009 re: Counsel writes on behalf of all parties to respectfully request an adjournment of the March 5 pre-trial conference to the afternoon of Thursday, April 2, 2009. ENDORSEMENT: April 2 at 2 p.m. (Signed by Judge Harold Baer on 2/13/2009) (jfe) (Entered: 02/13/2009)
LETTER addressed to Mr. Lometti from Linda Eckhouse, judicial Assistant to the Honorable Harold Baer, Jr. dated 2/3/09 re: Notice of Pre-Trial Conference to be held on 3/5/09 at 3:30 p.m. in Chambers, Room 2230, with instructions. (db) (Entered: 02/03/2009)
MANDATE of USCA (Certified Copy) USCA Case Number 08-4861-cv. Stipulation to DISMISS APPEAL with prejudice pursuant to FAP42(b). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 1/22/09. (tp) (Entered: 01/28/2009)
ORDER of USCA (Certified Copy) USCA Case Number 08-4861-mv. Petitioner, through counsel, moves pursuant to 28 U.S.C. 1453(c), for leave to appeal the district court`s order denying its motion to remand to state court. Upon due consideration, it is hereby ordered that the petition for leave to appeal is granted on the following issue: whether the bar to removal of securities actions contained in Section 22(a) of the Securities Act of 1933 is superseded by 28 U.S.C. 1453(c), the removal of the Class Action Fairness Act of 2005. See Pew v. Cardarelli, 527 F. 3d 25 (2d Cir. 2008). The Clerk`s Office is directed to enter an expedited briefing schedule permitting decision on this appeal within the 60-day period required by 28 U.S.C. 1453(c)(2). See DiTolla v. Dora Dental IPA of N.Y., LLC, 469 F.3d 271, 275 (2d Cir. 2006). Catherine O'Hagan Wolfe, Clerk USCA. Certified: 12/3/2008. (nd) (Entered: 12/03/2008)
OPINION AND ORDER #96541: For the reasons set forth in this order, the plaintiffs motion to remand is denied. A revised pretrial scheduling order will be circulated by the court. (Signed by Judge Harold Baer on 9/24/08) (mme) Modified on 9/26/2008 (mro). (Entered: 09/24/2008)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc..(Rice, Thomas) (Entered: 08/13/2008)
ENDORSED LETTER addressed to Judge Harold Jr. Baer from Floyd Abrams dated 7/31/2008 re: Counsel request leave to file the attached Sur-Reply Memorandum of Law in further Opposition to Plaintiff's Motion to Remand. ENDORSEMENT: I will look at the case but doubt I'll be able to change the FRCP for you - there is no sur reply and I return this brief for that reason. We will listen to you at oral argument. (Signed by Judge Harold Baer on 8/7/2008) (jfe) (Entered: 08/07/2008)
LETTER addressed to Schoengold Sporn Laitman & Lornett PC from Chambers of Judge Harold Baer, Jr. dated 7/14/08 re: that a Pre-Trial Conference on this case at 2:45 P.M. on Thursday, 8/7/08 in Room 2230. Additional information is as set forth in this order. (pl) (Entered: 07/30/2008)
NOTICE OF APPEARANCE by Christopher Lometti on behalf of New Jersey Carpenters Vacation Fund(On Behalf of Itself) (Lometti, Christopher) (Entered: 07/29/2008)
ENDORSED LETTER addressed to Judge Harold Baer from Thomas C. Rice dated 7/22/08 re: Counsel for Defendants The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc., Greenwich Capital Markets, Inc. Greenwich Capital Financial Products, Inc. Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh III, John C. Anderson, and James C. Esposito request an adjournment of the pre-trial conference currently set for 8/7/08. ENDORSEMENT: The PTC is now scheduled for August 21, 2008 4pm. (Signed by Judge Harold Baer on 7/23/08) (tro) (Entered: 07/23/2008)
DECLARATION of Joel P. Laitman in Support re: 15 MOTION to Remand to State Court.. Document filed by New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Attachments: # 1 Exhibit Ex. A - CAFA Legislative History)(Schirripa, Frank) (Entered: 07/21/2008)
REPLY MEMORANDUM OF LAW in Support re: 15 MOTION to Remand to State Court.. Document filed by New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Schirripa, Frank) (Entered: 07/21/2008)
MEMORANDUM OF LAW in Opposition re: 15 MOTION to Remand to State Court.. Document filed by HarborView Mortgage Loan Trust 2006-9, The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc., HarborView Mortgage Loan Trust 2006-4, Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito, Fitch Ratings, Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc., HarborView Mortgage Loan Trust 2006-5. (Zurofsky, Adam) (Entered: 07/10/2008)
NOTICE OF APPEARANCE by Christopher Jon Lucht on behalf of The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc. (Lucht, Christopher) (Entered: 06/23/2008)
NOTICE OF APPEARANCE by Thomas C. Rice on behalf of The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc. (Rice, Thomas) (Entered: 06/23/2008)
NOTICE OF APPEARANCE by James Gaal Gamble on behalf of The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc. (Gamble, James) (Entered: 06/23/2008)
DECLARATION of Joel P. Laitman in Support re: 15 MOTION to Remand to State Court.. Document filed by New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Attachments: # 1 Exhibit A - Summons & Complaint, # 2 Exhibit B - Defendants' Notice of Removal)(Schirripa, Frank) (Entered: 06/20/2008)
MEMORANDUM OF LAW in Support re: 15 MOTION to Remand to State Court.. Document filed by New Jersey Carpenters Vacation Fund(On Behalf of Itself). (Schirripa, Frank) (Entered: 06/20/2008)
NOTICE OF APPEARANCE by Frank Rocco Schirripa on behalf of New Jersey Carpenters Vacation Fund(On Behalf of Itself) (Schirripa, Frank) (Entered: 06/12/2008)
AFFIDAVIT OF SERVICE of NOTICES OF APPEARANCE and RULE 7.1 DISCLOSURE STATEMENT. served on Samuel P. Sporn on 6/11/08. Document filed by Fitch Ratings. (Stern, Tobias) (Entered: 06/11/2008)
STIPULATION EXTENDING DEADLINE TO RESPOND TO THE COMPLAINT, The time within which each of the defendants named in the above captioned action may answer, move, or otherwise respond to the complaint is extended through and including September 8, 08. By agreeing to this stipulation, the defendants do not waive and expressly preserve any and all defenses they may have. (Signed by Judge Harold Baer on 6/9/08) (mme) (Entered: 06/10/2008)
COMPLAINT against New Jersey Carpenters Vacation Fund(On Behalf of Itself), New Jersey Carpenters Vacation Fund(All Others Similarly Situated). (Filing Fee $ 350.00, Receipt Number 652995)Document filed by HarborView Mortgage Loan Trust 2006-9, The Royal Bank of Scotland Group, plc, Greenwich Capital Holdings, Inc., Greenwich Capital Acceptance, Inc, Greenwich Capital Markets, Inc., Greenwich Capital Financial Products, Inc., HarborView Mortgage Loan Trust 2006-4, Robert J. McGinnis, Carol P. Mathis, Joseph N. Walsh,III, John C. Anderson, James C. Esposito, Fitch Ratings, Moody's Investors Service, Inc., The McGraw-Hill Companies, Inc., HarborView Mortgage Loan Trust 2006-5.(jfe) (Entered: 06/04/2008)
OPINION AND ORDER re: (167 in 2:08-cv-08781-HB-RLE, 167 in 2:08-cv-08781-HB-RLE, 167 in 2:08-cv-08781-HB-RLE) MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust t o serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Health Fund, New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff (s). filed by New Jersey Carpenters Health Fund, Boilermaker Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund, (182 in 2:08-cv-05093-HB-DCF, 182 in 2:08-cv-05093-HB-DCF, 182 in 2:08-cv-05093-HB-DCF) MOTION to Appoint Counsel. M OTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). MOTION to Certify Class. MOTION to Appoint New Jersey Carpenters Vacation Fund and Boilermaker Blacksmith National Pension Trust to serve as lead plaintiff(s). filed by Boilermaker Blacksmith National Pension Trust, Boilermakers-Blacksmith National Pension Trust, New Jersey Carpenters Vacation Fund. I have considered the parties' remaining arguments and fin d them to be without merit. Because I am persuaded that Plaintiffs' expanded record provides a sufficient basis for me to find that common issues predominate over individual ones once the class is further narrowed to those who bought the securit ies on the date of offering directly from the issuers, Plaintiffs' amended motion for class certification is GRANTED in accordance with, this decision. Plaintiffs are appointed Class Representatives, and Cohen Milstein Sellers & Toll PLLC as Cl ass Counsel, subject to its submission of an additional memorandum. The parties in both cases are also ordered to confer and submit a new pre-trial scheduling order within 10 days from the date hereof. The Clerk of the Court is instructed to close the two motions and remove them from my docket. (Signed by Judge Harold Baer on 10/15/2012) (lmb)
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