National Credit Union Administration Board v. Credit Suisse Securities (USA) LLC et al
Filing
149
ORDER regarding Goldman Sachs document custodians (originally filed in the Southern District of New York on 6/4/2014). The order is approved by the undersigned and shall be binding in this case (particularly as it relates to redaction and mindful that Goldman Sachs is not a party to this particular case). Signed by Magistrate Judge James P. O'Hara on 6/5/2014. (ah)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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NATIONAL CREDIT UNION ADMINISTRATION
:
BOARD, etc.,
:
Plaintiff,
:
-v:
:
MORGAN STANLEY & CO., et al.,
:
:
Defendants.
:
:
And other NCUA Actions.
:
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UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS
----------------------------------------:
NATIONAL CREDIT UNION ADMINISTRATION
:
BOARD, etc.,
:
Plaintiff,
:
-v:
:
RBS SECURITIES, INC., f/k/a GREENWICH
:
CAPITAL MARKETS, INC., et al.,
:
:
Defendants.
:
:
And other NCUA Actions.
:
----------------------------------------X
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
----------------------------------------X
NATIONAL CREDIT UNION ADMINISTRATION
:
BOARD, etc.,
:
Plaintiff,
:
-v:
:
RBS SECURITIES, INC., f/k/a GREENWICH
:
CAPITAL MARKETS, INC., et al.,
:
:
Defendants.
:
:
And other NCUA Actions.
:
----------------------------------------X
13
13
13
13
13
13
13
Civ.
Civ.
Civ.
Civ.
Civ.
Civ.
Civ.
6705
6719
6721
6726
6727
6731
6736
(DLC)
(DLC)
(DLC)
(DLC)
(DLC)
(DLC)
(DLC)
11 Civ. 2340 &
2649 (JWL)
12 Civ. 2591 (JWL)
12 Civ. 2648 (JWL)
13 Civ. 2418 (JWL)
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: ______________
11 Civ. 5887 (GW)
11 Civ. 6521 (GW)
ORDER
HON. DENISE COTE, HON. JOHN W. LUNGSTRUM, and HON. GEORGE H. WU,
District Judges; and HON. JAMES P. O’HARA, Magistrate Judge:
Goldman Sachs and NCUA submitted letters of May 30, 2014
regarding a dispute over the number of initial Goldman Sachs
document custodians, and the time period for which their files
must be searched.
These letters were submitted in response to
Orders of May 6 and 19, 2014.
Goldman Sachs provided
information to NCUA responsive to the May 6 Order on May 9, 15,
16, and 28.
Based on the information provided by Goldman Sachs,
on May 29, NCUA sought to add 20 additional custodians to the 37
custodians already identified for Goldman Sachs.
Seven of the
20 have never been previously identified as custodians in other
Goldman Sachs RMBS litigation.
The parties conferred most
recently regarding this dispute on May 29 and 30.
Having
reviewed the May 30 submissions, it is hereby
ORDERED that the searches for all Goldman Sachs custodians
shall run through December 31, 2009, except that the cut-off
date of September 28, 2007 may be used for the eight custodians
that Goldman Sachs has represented to NCUA will not possess
relevant information beyond that date.
In the event that
Goldman Sachs believes that there are additional custodians
whose files will not possess relevant information beyond
September 28, 2007, it should make a sufficiently detailed
showing promptly to NCUA to explain the basis for that
2
contention.
The parties should bring any remaining dispute
regarding that issue to the Court’s attention by June 9, 2014.
IT IS FURTHER ORDERED that the NCUA application that there
be a total of 57 initial Goldman Sachs document custodians is
granted.
IT IS FURTHER ORDERED that Goldman Sachs shall provide to
NCUA a complete list of transaction managers for the RMBS at
issue in these actions by Friday, June 6, 2014.
IT IS FURTHER ORDERED that, in the event a party believes
that material should be redacted from a letter or its exhibits
publicly filed on the S.D.N.Y. ECF docket, the letter and its
exhibits shall be filed in redacted form on that docket and an
unredacted copy of the letter and its exhibits, highlighting the
redactions, sent to cotenysdchambers@nysd.uscourts.gov.
This
Court will forward the unredacted, highlighted documents to the
Hon. George H. Wu, John W. Lungstrum and James P. O’Hara.
Any
Judge in these Actions may advise counsel that a document should
be re-filed on ECF with fewer or no redactions.
IT IS FURTHER ORDERED that NCUA may file on the S.D.N.Y.
ECF docket its May 30 submissions with the following redactions:
3
1) May 30 letter/footnote 2: The names of Goldman Sachs
employees.
2) Exhibit A:
The names of Goldman Sachs employees.
SO ORDERED:
Dated: June 4, 2014
___/s/ Denise Cote _______________
United States District Judge
Dated: June 4, 2014
___/s/ George H. Wu_______________
United States District Judge
Dated: June 4, 2014
___/s/ John W. Lungstrum__________
United States District Judge
Dated: June 4, 2014
___/s/ James P. O’Hara____________
United States Magistrate Judge
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