Commerzbank AG v. Wells Fargo Bank N.A.

Filing 620

CLERK'S JUDGMENT re: 619 Memo Endorsement in favor of Wells Fargo Bank N.A. against Commerzbank AG. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memo Endorsed Order dated August 1, 2022, and the Courts Opinion and Order dated July 12, 2022, the Court has GRANTED Defendant's motion for summary judgment as to the Phoenix Light Plaintiffs' claims in their entirety. Further, the Court has GRANTED in part and DENIED in part the p arties' cross-motions for summary judgment as to Commerzbank's claims. More specifically, the Court: has GRANTED Defendant's motion for summary judgment as to Commerzbank's claims arising out of the Sold Certificates; has GRANT ED Defendant's motion for summary judgment as to Commerzbank's claims arising out of the Negating Clause Securities, except with respect to the four loans upon which Judge Netburn reserved judgment; has GRANTED Defendant's motion fo r summary judgment as to Commerzbank's claims arising out of the Separate Trustee Claims, except with respect to the eight loans upon which Judge Netburn reserved judgment; has GRANTED Defendant's motion for summary judgment as to the Ea rly EOD Trusts, with the exception of Commerzbank's claims arising out of the OOMLT 2006-2 Trust; has GRANTED Defendant's motion for summary judgment as to the German SOL Trusts; has GRANTED Defendant's motion for summary judgment as to the Exception Report Trusts, with the exception of claims under trusts (i) GPMF 2005-AR4; (ii) GPMF 2006-AR1; (iii) GPMF 2006-AR3; (iv) MSAC 2005-WMC5; and (v) OWNIT 2006-2; and DENIED Defendant's motion for summary judgment as to the Liquidated Loans Trusts; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/2/2022) (Attachments: # 1 Right to Appeal) (km)

Case 1:15-cv-10033-KPF-SN Document 620 Filed 08/02/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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COMMERZBANK A.G.,
-against-

Plaintiff,

WELLS FARGO BANK, N.A.,

15 CIVIL 10033 (KPF)(SN)

JUDGMENT

Defendant.
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It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons
stated in the Court's Memo Endorsed Order dated August 1, 2022, and the Court’s Opinion and
Order dated July 12, 2022, the Court has GRANTED Defendant's motion for summary judgment
as to the Phoenix Light Plaintiffs' claims in their entirety. Further, the Court has GRANTED in
part and DENIED in part the parties' cross-motions for summary judgment as to Commerzbank's
claims. More specifically, the Court: has GRANTED Defendant's motion for summary judgment
as to Commerzbank's claims arising out of the Sold Certificates; has GRANTED Defendant's
motion for summary judgment as to Commerzbank's claims arising out of the Negating Clause
Securities, except with respect to the four loans upon which Judge Netburn reserved judgment;
has GRANTED Defendant's motion for summary judgment as to Commerzbank's claims arising
out of the Separate Trustee Claims, except with respect to the eight loans upon which Judge
Netburn reserved judgment; has GRANTED Defendant's motion for summary judgment as to the
Early EOD Trusts, with the exception of Commerzbank's claims arising out of the OOMLT
2006-2 Trust; has GRANTED Defendant's motion for summary judgment as to the German SOL
Trusts; has GRANTED Defendant's motion for summary judgment as to the Exception Report
Trusts, with the exception of claims under trusts (i) GPMF 2005-AR4; (ii) GPMF 2006-AR1;

Case 1:15-cv-10033-KPF-SN Document 620 Filed 08/02/22 Page 2 of 2

(iii) GPMF 2006-AR3; (iv) MSAC 2005-WMC5; and (v) OWNIT 2006-2; and DENIED
Defendant's motion for summary judgment as to the Liquidated Loans Trusts; accordingly, the
case is closed.
Dated: New York, New York
August 2, 2022

BY:

RUBY J. KRAJICK
_________________________
Clerk of Court
_________________________
Deputy Clerk