Wells Fargo Bank, National Association et al v. City of Richmond, California et al

Filing 21

STIPULATION WITH PROPOSED ORDER to Relate Cases filed by Deutsche Bank National Trust Company, Deutsche Bank Trust Company Americas, Wells Fargo Bank, National Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tsai, Rocky) (Filed on 8/14/2013)

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ROCKY C. TSAI (SBN 221452)
([e-mail])
ROPES & GRAY LLP
Three Embarcadero Center
San Francisco, CA 94111-4006
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs Wells Fargo Bank,
N.A., as Trustee, et al.

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ADDITIONAL COUNSEL LISTED
ON SIGNATURE PAGE

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
WELLS FARGO BANK, NATIONAL
ASSOCIATION, solely in its capacity as
[Caption Continued on Following Page]
Trustee for ABFC 2002-OPT1 Trust, ABFC
2005-OPT1 Trust, ABFC 2006-OPT1 Trust,
Asset Backed Securities Corporation Home
Equity Loan Trust, Series 2003-HE6, Asset
Backed Securities Corporation Home Equity
Loan Trust, Series 2004-HE2, Asset Backed
Securities Corporation Home Equity Loan
Trust, Series AMQ 2007-HE2, Banc of America
Funding 2005-B Trust, Banc of America
Funding 2005-G Trust, Banc of America
Funding 2006-E Trust, Banc of America
Funding 2007-E Trust, BCAP LLC TRUST
2006-AA1, BNC Mortgage Loan Trust 2007-4,
Banc of America Alternative Loan Trust 20038, Banc of America Alternative Loan Trust
2006-5, Banc of America Alternative Loan
Trust 2003-10, Banc of America Alternative
Loan Trust 2003-11, Banc of America
Alternative Loan Trust 2003-4, Banc of
America Alternative Loan Trust 2003-5, Banc
of America Alternative Loan Trust 2003-6,
Banc of America Alternative Loan Trust 20038, Banc of America Alternative Loan Trust
2003-9, Banc of America Alternative Loan
Trust 2004-1, Banc of America Alternative
Loan Trust 2004-11, Banc of America
Alternative Loan Trust 2004-6, Banc of
America Alternative Loan Trust 2004-7, Banc

Case No. 3:13-cv-03663-CRB
STIPULATION AND [PROPOSED]
ORDER REGARDING RELATED
CASES
[Civil L.R. 3-12 & 7-12]

STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES;
CASE NO. 3:13-CV-03663-CRB

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of America Alternative Loan Trust 2005-6,
Banc of America Alternative Loan Trust 20057, Banc of America Alternative Loan Trust
2006-2, Banc of America Alternative Loan
Trust 2006-3, Banc of America Alternative
Loan Trust 2006-5, Banc of America
Alternative Loan Trust 2006-7, Banc of
America Mortgage 2003-6 Trust, Banc of
America Mortgage 2003-D Trust, Banc of
America Mortgage 2003-H Trust, Banc of
America Mortgage 2003-K Trust, Banc of
America Mortgage Trust 2004-11, Banc of
America Mortgage Trust 2004-6, Banc of
America Mortgage Trust 2004-8, Banc of
America Mortgage Trust 2004-9, Banc of
America Mortgage 2004-B Trust, Banc of
America Mortgage 2004-C Trust, Banc of
America Mortgage 2004-D Trust, Banc of
America Mortgage 2004-I Trust, Banc of
America Mortgage 2004-K Trust, Banc of
America Mortgage 2004-L Trust, Banc of
America Mortgage Trust 2005-10, Banc of
America Mortgage Trust 2005-11, Banc of
America Mortgage Trust 2005-4, Banc of
America Mortgage Trust 2005-7, Banc of
America Mortgage 2005-A Trust, Banc of
America Mortgage 2005-E Trust, Banc of
America Mortgage 2005-J Trust, Banc of
America Mortgage 2007-1 Trust, Banc of
America Mortgage 2007-2 Trust, Banc of
America Mortgage 2004-J Trust, Banc of
America Mortgage 2005-D Trust, Banc of
America Mortgage 2005-E Trust, Banc of
America Mortgage 2007-3 Trust, Bear Stearns
Asset Backed Securities, Inc. 2000-2, Bear
Stearns Mortgage Funding Trust 2006-AR1,
Bear Stearns Mortgage Funding Trust 2006AR2, Bear Stearns Mortgage Funding Trust
2006-AR3, Bear Stearns Mortgage Funding
Trust 2006-AR4, Bear Stearns Mortgage
Funding Trust 2006-AR5, Bear Stearns
Mortgage Funding Trust 2007-AR1, Bear
Stearns Mortgage Funding Trust 2007-AR2,
Bear Stearns Mortgage Funding Trust 2007AR3, Bear Stearns Mortgage Funding Trust
2007-AR4, Bear Stearns Mortgage Funding
Trust 2007-AR5, Bear Stearns ARM Trust
2007-3, Carrington Mortgage Loan Trust,
STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES;
CASE NO. 3:13-CV-03663-CRB

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Series 2006-FRE2, Carrington Mortgage Loan
Trust, Series 2006-NC2, Carrington Mortgage
Loan Trust, Series 2006-NC3, Carrington
Mortgage Loan Trust, Series 2006-NC3,
Carrington Mortgage Loan Trust, Series 2006NC5, Carrington Mortgage Loan Trust, Series
2006-OPT1, Carrington Mortgage Loan Trust,
Series 2006-RFC1, First Franklin Mortgage
Loan Trust 2004-FF11, First Franklin Mortgage
Loan Trust 2006-FF15, Freddie Mac Securities
REMIC Trust 2005-S001, GMACM Home
Equity Loan Trust 2003-HE2, GreenPoint MTA
Trust 2005-AR3, GreenPoint Mortgage Funding
Trust 2005-AR4, GreenPoint Mortgage Funding
Trust 2005-AR5, GreenPoint Mortgage Funding
Trust 2006-AR1, GreenPoint Mortgage Funding
Trust 2006-AR2, GreenPoint Mortgage Funding
Trust 2006-AR3, HarborView Mortgage Loan
Trust 2006-10, HarborView Mortgage Loan
Trust 2006-12, HarborView Mortgage Loan
Trust 2007-1, HarborView Mortgage Loan
Trust 2007-3, Impac CMB Trust Series 200411, Impac CMB Trust Series 2004-6, Impac
CMB Trust Series 2005-6, Irwin Home Equity
Loan Trust 2007-1, Impac Secured Assets
Corp., Mortgage Pass- Through Certificates,
Series 2005-2, Lehman Mortgage Trust 2006-9,
Lehman Mortgage Trust 2007-4, MASTR Asset
Backed Securities Trust 2003-OPT2, MASTR
Asset Backed Securities Trust 2007-NCW,
Merrill Lynch Mortgage Investors Trust, Series
2004-WMC5, Merrill Lynch Mortgage
Investors Trust, Series 2005-WMC2, Merrill
Lynch Mortgage Investors Trust Series MLCC
2004-B, Merrill Lynch Mortgage Investors
Trust Series MLCC 2006-1, Merrill Lynch
Mortgage Investors Trust Mortgage Loan
Asset-Backed Certificates, Series 2006-HE1,
Morgan Stanley ABS Capital I Inc. Trust 2005WMC2, Morgan Stanley ABS Capital I Inc.
Trust 2005-WMC3, Morgan Stanley ABS
Capital I Inc. Trust 2005-WMC4, Morgan
Stanley ABS Capital I Inc. Trust 2006-WMC1,
MSCC HELOC Trust 2007-1, National City
Mortgage Capital Trust 2008-1, Option One
Mortgage Loan Trust 2003-5, Option One
Mortgage Loan Trust 2003-6, Option One
Mortgage Loan Trust 2005-3, Option One
STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES;
CASE NO. 3:13-CV-03663-CRB

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Mortgage Loan Trust 2005-4, Option One
Mortgage Loan Trust 2006-1, Option One
Mortgage Loan Trust 2007-1, Option One
Mortgage Loan Trust 2007-3, Option One
Mortgage Loan Trust 2007-4, Option One
Mortgage Loan Trust 2007-5, Option One
Mortgage Loan Trust 2007-6, Option One
Mortgage Loan Trust 2007CP1, Option One
Mortgage Loan Trust 2007-FXD2, Park Place
Securities, Inc., Asset-Backed Pass-Through
Certificates, Series 2004-MCW1, Park Place
Securities, Inc., Asset-Backed Pass-Through
Certificates, Series 2004-WHQ1, Park Place
Securities, Inc., Asset-Backed Pass-Through
Certificates, Series 2004-WHQ2, Park Place
Securities, Inc., Asset-Backed Pass-Through
Certificates, Series 2005-WCH1, Park Place
Securities, Inc., Asset-Backed Pass-Through
Certificates, Series 2005-WCW2, Park Place
Securities, Inc., Asset-Backed Pass-Through
Certificates, Series 2005-WCW2, Park Place
Securities, Inc., Asset-Backed Pass-Through
Certificates, Series 2005-WHQ1, Park Place
Securities, Inc., Asset-Backed Pass-Through
Certificates, Series 2005-WHQ3, Park Place
Securities, Inc., Asset-Backed Pass-Through
Certificates, Series 2005-WHQ4, RESI Finance
Limited Partnership 2003-B, RESI Finance
Limited Partnership 2003-C, RESI Finance
Limited Partnership 2003-CB1, RESI Finance
Limited Partnership 2003-D, RESI Finance
Limited Partnership 2004-B, RESI Finance
Limited Partnership 2004-C, RESI Finance
Limited Partnership 2005-A, RESI Finance
Limited Partnership 2005-B, RESI Finance
Limited Partnership 2005-C, RESI Finance
Limited Partnership 2005-D, RESI Finance
Limited Partnership 2006-A, RMAC PassThrough Trust, Series 2010-A, Securitized
Asset Backed Receivables LLC Trust 2006HE1, Securitized Asset Backed Receivables
LLC Trust 2006-HE2, SABR Mortgage Loan
2008-1 Grantor Trust, Structured Asset
Investment Loan Trust 2003-BC12, Structured
Asset Mortgage Investments II Trust 2007AR4, Structured Adjustable Rate Mortgage
Loan Trust, Series 2004-10, Structured
Adjustable Rate Mortgage Loan Trust, Series
STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES;
CASE NO. 3:13-CV-03663-CRB

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2004-16, Structured Adjustable Rate Mortgage
Loan Trust, Series 2004-18, Structured
Adjustable Rate Mortgage Loan Trust, Series
2004-9XS, Structured Adjustable Rate
Mortgage Loan Trust, Series 2005-12,
Structured Adjustable Rate Mortgage Loan
Trust, Series 2005-17, Structured Adjustable
Rate Mortgage Loan Trust, Series 2007-3,
Structured Adjustable Rate Mortgage Loan
Trust, Series 2007-4, Structured Asset
Securities Corporation Pass-Through
Certificates, Series 2002-AL1, Structured Asset
Securities Corporation Mortgage Pass-Through
Certificates, Series 2003-15A, Structured Asset
Securities Corporation Mortgage Pass-Through
Certificates, Series 2003-26A, Structured Asset
Securities Corporation Mortgage Loan Trust
2006-OPT1, Structured Asset Securities Corp.
2007-BC1, SASI Finance Limited Partnership
2006-A, Southern Pacific Secured Assets Corp.,
Mortgage Loan Asset-Backed Pass-Through
Certificates, Series 1998-2, Soundview Home
Loan Trust 2007-OPT1, Soundview Home Loan
Trust 2007-OPTS, Terwin Mortgage Trust,
Series TMTS 2003-8HE, WaMu Mortgage
Pass-Through Certificates Series 2004-PR1
Trust, WaMu Mortgage Pass-Through
Certificates Series 2004-PR2 Trust, WaMu
Mortgage Pass-Through Certificates Series
2005-PR1 Trust, WaMu Mortgage PassThrough Certificates Series 2005-PR2 Trust,
WaMu Mortgage Pass-Through Certificates
Series 2005-PR4 Trust, WaMu Mortgage PassThrough Certificates Series 2006-PR1 Trust,
WaMu Mortgage Pass-Through Certificates
Series 2006-PR2 Trust, WaMu Mortgage PassThrough Certificates Series 2006-PR3 Trust,
Waterfall Victoria Mortgage Trust 2010-1;
DEUTSCHE BANK NATIONAL TRUST
COMPANY, solely in its capacity as Trustee
for
Alliance Securities Corp. 2007-OA1,
Accredited Mortgage Loan Trust 2006-2,
American Home Mortgage Investment Trust
2005-2, American Home Mortgage Investment
Trust 2005-3, American Home Mortgage
Investment Trust 2006-1, American Home
STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES;
CASE NO. 3:13-CV-03663-CRB

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Mortgage Assets Trust 2006-5, American Home
Mortgage Investment Trust 2007-1, American
Home Mortgage Assets Trust 2007-1, American
Home Mortgage Assets Trust 2007-2, American
Home Mortgage Assets Trust 2007-4, American
Home Mortgage Investment Trust 2007-SD2,
Ameriquest Mortgage Securities Inc. 2006-R1,
Argent Securities Inc. 2004-W8, Argent
Securities Inc. 2005-W2, Argent Securities
Trust 2006-W4, Argent Securities Trust 2006M1, Argent Securities Trust 2006-M2, Asset
Backed Securities Corporation Home Equity
Loan Trust 2004-HE1, Barclays Capital Inc.,
BCAP LLC Trust 2007-AA1, Carrington
Loan Trust 2006-AR14, IndyMac INDX
Mortgage Loan Trust 2006-AR29, IndyMac
INDA Mortgage Loan Trust 2006-AR3,
IndyMac Residential Asset Securities Trust
(RAST) 2007-A3, IndyMac INDX Mortgage
Loan Trust 2007-AR5, IndyMac INDX
Mortgage Loan Trust 2007-AR211P, IndyMac
INDA Mortgage Loan Trust 2007-AR1,
IndyMac INDA Mortgage Loan Trust 2007AR8, IndyMac INDX Mortgage Loan Trust
2007-FLX1, IndyMac INDX Mortgage Loan
Trust 2007-FLX6, J.P. Morgan Mortgage
Acquisition Trust 2007-CH3, J.P. Morgan
Mortgage Acquisition Trust 2007-CH5, Long
Beach Mortgage Loan Trust 2005-WL1, Long
Beach Mortgage Loan Trust 2005-WL2, Long
Beach Mortgage Loan Trust 2006-6, Long
Beach Mortgage Loan Trust 2006-7, Long
Beach Mortgage Loan Trust 2006-8, Long
Beach Mortgage Loan Trust 2006-10, Long
Beach Mortgage Loan Trust 2006-WL1, Long
Beach Mortgage Loan Trust 2006-WL2,
Mortgage IT Trust 2005-3, Morgan Stanley
ABS Capital I Trust 2004-NC7, Morgan
Stanley ABS Capital I Trust 2004-HE8, Morgan
Stanley ABS Capital I Trust 2006-NC3,
Morgan Stanley ABS Capital I Trust 2006NC5, Morgan Stanley ABS Capital I Trust
2006-HE5, Morgan Stanley ABS Capital I Trust
2006-HE7, Morgan Stanley ABS Capital I Trust
2006-HE8, Morgan Stanley ABS Capital I Trust
2006-WMC2, Morgan Stanley Home Equity
Loan Trust 2006-1, Morgan Stanley Home
Equity Loan Trust 2006-2, Morgan Stanley
STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES;
CASE NO. 3:13-CV-03663-CRB

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ABS Capital I Trust 2007-NC4, Morgan
Stanley ABS Capital I Trust 2007-HE7, New
Century Home Equity Loan Trust 2005-4, New
Century Home Equity Loan Trust 2005-B, New
Century Home Equity Loan Trust 2005-D,
Novastar Mortgage Funding Trust 2007-1,
Saxon Asset Securities Trust 2007-2, Thornburg
Mortgage Securities Trust 2004-4, WaMu
Mortgage Pass- Through Certificates, Series
2004-AR6, WaMu Mortgage Pass-Through
Certificates, Series 2005-AR6, WaMu
Mortgage Pass- Through Certificates, Series
2005-AR11, WaMu Mortgage Pass-Through
Certificates, Series 2005-AR12, WaMu
Mortgage Pass- Through Certificates, Series
2005-AR13, WaMu Mortgage Pass-Through
Certificates, Series 2005-AR15, WaMu
Mortgage Pass-Through Certificates, WMALT
Series 2006-AR1, Washington Mutual
Mortgage Pass-Through Certificates, WMALT
Series 2006-AR5, WaMu Asset-Backed
Certificates 2007-HE; and
DEUTSCHE BANK TRUST COMPANY
AMERICAS, solely in its capacity as Trustee
for
Residential Accredit Loans Inc. 2005-QA10,
Residential Accredit Loans Inc. 2006-QO2,
Residential Accredit Loans Inc. 2006-QO3,
Residential Accredit Loans Inc. 2006-QO4,
Residential Accredit Loans Inc. 2006-QO6,
Residential Accredit Loans Inc. 2006-QO10,
Residential Accredit Loans Inc. 2006-QS3,
Residential Accredit Loans Inc. 2006-QS10,
Residential Accredit Loans Inc. 2006-QS17,
Residential Accredit Loans Inc. 2007-QA3,
Residential Accredit Loans Inc. 2007-QO1,
Residential Accredit Loans Inc. 2007-QO4,
Residential Accredit Loans Inc. 2007-QO5,
Residential Accredit Loans Inc. 2007-QS3,
Residential Funding Mortgage Securities I
2007-S4, Saxon Asset Securities Trust 2003-3,
Saxon Asset Securities Trust 2006-3

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Plaintiffs,
v.
CITY OF RICHMOND, CALIFORNIA, a
STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES;
CASE NO. 3:13-CV-03663-CRB

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municipality; RICHMOND CITY COUNCIL;
MORTGAGE RESOLUTION PARTNERS
L.L.C., a Delaware limited liability company,

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Defendants.

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THE BANK OF NEW YORK MELLON (f/k/a
The Bank of New York), as Trustee, on behalf
of the Trusts listed in Exhibit A, and U.S.
BANK NATIONAL ASSOCIATION, as
Trustee, on behalf of the Trusts listed in Exhibit
B,
Plaintiffs,

Case No. 3:13-cv-03664-JCS
STIPULATION AND [PROPOSED]
ORDER REGARDING RELATED
CASES
[Civil L.R. 3-12 & 7-12]

v.
CITY OF RICHMOND, CALIFORNIA, a
municipality; RICHMOND CITY COUNCIL;
MORTGAGE RESOLUTION PARTNERS
L.L.C., a Delaware limited liability company;
and GORDIAN SWORD LLC, a Delaware
limited liability company;
Defendants.

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STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES;
CASE NO. 3:13-CV-03663-CRB

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WHEREAS, the undersigned parties believe that the action The Bank of New York

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Mellon, as Trustee, on behalf of the Trusts listed in Exhibit A et al. v. City of Richmond et al.,

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No. 3:13-CV-03664-JCS (the “BNYM Action”) involves substantially similar parties, property,

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transactions, or events as Wells Fargo Bank, N.A. et al. v. City of Richmond et al., No. 3:13-CV-

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03663-CRB (the “Wells Fargo Action”), such that it appears likely that there will be an unduly

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burdensome duplication of labor and expense or conflicting results if the cases are conducted

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before different Judges;

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WHEREAS, the parties believe the BNYM and Wells Fargo Actions are “related cases”
under Northern District of California Civil Local Rule 3-12(a); and

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WHEREAS, the parties believe that treatment of the BNYM and Wells Fargo Actions as

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related would serve the interests of judicial economy and avoid the potential for conflicting

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rulings;

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IT IS HEREBY STIPULATED AND AGREED by Plaintiffs and Defendants, through

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their respective counsel of record, that The Bank of New York Mellon, as Trustee, on behalf of

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the Trusts listed in Exhibit A et al. v. City of Richmond et al., No. 3:13-CV-03664-JCS, should be

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related to Wells Fargo Bank, N.A. et al. v. City of Richmond, No. 3:13-CV-03663-CRB.

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IT IS SO STIPULATED.

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Dated: August 14, 2013

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ROPES & GRAY LLP
By: /s/ Rocky C. Tsai
____________________________________
Rocky C. Tsai

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ATTORNEYS FOR PLAINTIFFS WELLS
FARGO BANK, N.A., DEUTSCHE BANK
NATIONAL TRUST COMPANY, AND
DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS TRUSTEES
CASE NO. 3:13-CV-03663-CRB

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MAYER BROWN LLP

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By: /s/ Bronwyn F. Pollock
_____________________________________

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STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES;
CASE NO. 3:13-CV-03664-JCS
707245928.2

Donald M. Falk
Bronwyn F. Pollock

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ATTORNEYS FOR PLAINTIFF THE BANK OF
NEW YORK MELLON, AS TRUSTEE (F/K/A
THE BANK OF NEW YORK
CASE NO. 3:13-CV-03664-JCS

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JONES DAY

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By: /s/ Brian D. Hershman
____________________________
Brian D. Hershman

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ATTORNEYS FOR PLAINTIFF U.S. BANK
NATIONAL ASSOCIATION, AS TRUSTEE
Case No. 3:13-CV-03664-JCS

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ALTSHULER BERZON LLP

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By: /s/ Scott A. Kronland
____________________________________
Scott A. Kronland

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ATTORNEYS FOR DEFENDANTS
Case No. 3:13-CV-03663-CRB
Case No. 3:13-CV-03664-JCS

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I attest that concurrence in the filing of this document has been obtained from Bronwyn

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F. Pollock, Brian D. Hershman, and Scott A. Kronland, whose conformed signatures are set forth

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above.

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/s/ Rocky C. Tsai
_________________________
Rocky C. Tsai

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STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES;
CASE NO. 3:13-CV-03663-CRB
________

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[PROPOSED] ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: __________________________

_________________________________
The Honorable Charles R. Breyer
United States District Judge

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STIPULATION AND [PROPOSED] ORDER REGARDING RELATED CASES;
CASE NO. 3:13-CV-03663-CRB
________