National Credit Union Administration Board v. Deutsche Bank National Trust Co.

Filing 406

ORDER granting 400 Letter Motion to Stay re: 400 CONSENT LETTER MOTION to Stay re: 394 Memorandum of Law in Support of Motion, 392 Declaration in Support of Motion, 396 Declaration in Support of Motion, 395 Declaration in Support of Motion 393 Memorandum of Law in Support of Motion. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/26/2022) (jca)

KELLOGG, HANSEN, TODD, FIGEL

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FREDERICK, P .L .L.C.

SUMNER SQUARE
1615 M STREET, N .W .
SUITE 400
WASHINGTON , D .C. 20036-3215
(202) 326 - 7900
FACS IMILE:
[phone]

May 19, 2022

Via ECF
Honorable Sidney H. Stein
U.S. Courthouse, 500 Pearl Street
New York, NY 10007
Re:

NCUA, et al. v. Deutsche Bank National Trust Co., No. 14-cv-8919-SHS

Dear Judge Stein:
NCUA has just now filed a motion to strike in its entirely the unauthorized Daubert
motion, brief in support, three declarations, and 29 exhibits filed by Deutsche Bank on May 17,
2022, on the basis that the Daubert submission violates this Court's individual rules, case
scheduling orders, and page limits for summary judgment, and is otherwise premature and
wasteful of the Court's resources because the issues to be decided at summary judgment will
almost certainly moot or alter certain of the issues to be decided under Daubert. See ECF 397399 (NCUA motion to strike submission); ECF 389-396 (Deutsche Bank Daubert submission).
In the meantime, NCUA respectfully seeks an expedited order to be entered as soon as
reasonably possible staying all briefing on Deutsche Bank's Daubert motion until NCUA ' s
motion to strike (ECF 397-399) is resolved by the Court. NCUA respectfully submits that the
agency should not have to invest the time and resources in responding to a lengthy Daubert
submission that may in the end be stricken - and that in NCUA's view is patently unauthorized.
Counsel for Deutsche Bank has stated in an emai l sent to undersigned counsel at 1: l 6pm
today: " We do not oppose your request for a stay of briefing on our motion to exclude pending
adjudication of your motion to strike."
Accordingly, the Court should grant the motion to stay briefing pending the Court's
adjudication of NCUA's motion to strike. We appreciate the Court's attention to this request.
Respectfully submitted,

Isl Scott K. Attaway
Scott K. Attaway
Counsel for NCUA and the Separate Trustee

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