CMFG Life Insurance Company et al. v. RBS Securities, Inc.
Filing
743
Transmission of Notice of Appeal, Appeal Information Sheet, Docketing Statement, Orders, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re 741 Notice of Appeal, (Attachments: # 1 Appeal Information Sheet, # 2 Docketing Statement, # 3 Order #245, # 4 Order #736, # 5 Judgment, # 6 Docket Sheet) (lak)
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APPEAL, CLOSED, DECLINE_MJ, MAM, PROTECTIVE_ORDER,
U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:12-cv-00037-wmc
CMFG Life Insurance Company et al. v. RBS Securities, Inc.
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 28:1441 Petition for Removal
Date Filed: 01/17/2012
Date Terminated: 07/29/2014
Jury Demand: Defendant
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question
Plaintiff
CMFG Life Insurance Company
represented by David C. Frederick
Kellogg, Huber, Hansen, Todd, Evans &
Figel, PLLC
1615 M Street, NW
Suite 400
Washington, DC 20036
202-326-7900
Fax: 202-326-7999
Email: dfrederick@khhte.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Andrew C. Shen
Kellogg, Huber, Hansen, Todd, Evans &
Figel, PLLC
1615 M Street, NW
Suite 400
Washington, DC 20036
202-326-7952
Fax: 202-326-7999
Email: ashen@khhte.com
ATTORNEY TO BE NOTICED
Caitlin Sinclair Hall
Kellogg, Huber, Hansen, Todd, Evans &
Figel, PLLC
1615 M Street, NW
Suite 400
Washington, DC 20036
202-326-7952
Fax: 202-326-7999
Email: chall@khhte.com
ATTORNEY TO BE NOTICED
8/28/2014 10:28 AM
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Garrett R. Broshuis
Korein Tillery LLC
505 North 7th Street
Suite 3600
Saint Louis, MO 63101
314-241-4844 x4097
Fax: 314-241-3525
Email: gbroshuis@koreintillery.com
ATTORNEY TO BE NOTICED
George A Zelcs
Korein Tillery LLC
205 North Michigan Avenue
Suite 1950
Chicago, IL 60601
312-641-9750
Fax: 312-641-9751
Email: gzelcs@koreintillery.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Greg Garrell Gutzler
Korein Tillery LLC
505 N. 7th St.
Suite 3600
St. Louis, MO 63101
314-241-4844
Email: ggutzler@koreintillery.com
ATTORNEY TO BE NOTICED
John Charles Craig
Korein Tillery LLC
505 N. 7th St.
Suite 3600
St. Louis, MO 63101
314-241-4844
Email: jcraig@koreintillery.com
ATTORNEY TO BE NOTICED
Kfir B. Levy
Kellogg, Huber, Hansen, Todd, Evans &
Figel, PLLC
1615 M Street, NW
Suite 400
Washington, DC 20036
202-326-7900
8/28/2014 10:28 AM
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Fax: 202-326-7999
Email: klevy@khhte.com
TERMINATED: 04/30/2012
Matthew Charles Davies
Korein Tillery LLC
205 N. Michigan Ave.
Suite 1940
Chicago, IL 60601
312-899-5068
Email: mdavies@koreintillery.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Michael E. Klenov
Korein Tillery LLC
505 N. 7th St.
Suite 3600
St. Louis, MO 63101
314-241-4844
Email: mklenov@koreintillery.com
ATTORNEY TO BE NOTICED
Michael M. Winter
Korein Tillery LLC
505 N. 7th St.
Suite 3600
St. Louis, MO 63101
314-241-4844
Email: mwinter@koreintillery.com
ATTORNEY TO BE NOTICED
Peggy A. Lautenschlager
Bauer & Bach LLC
123 E. Main Street
Suite 300
Madison, WI 53703
608-260-0000
Fax: 608-260-0002
Email: lautenschlager@bauer-bach.com
ATTORNEY TO BE NOTICED
Richard M. Elias
Korein Tillery LLC
505 North 7th Street
Suite 3600
Saint Louis, MO 63101
8/28/2014 10:28 AM
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314-241-4844 x4088
Fax: 314-241-3525
Email: relias@koreintillery.com
ATTORNEY TO BE NOTICED
Robert L. King
505 N. 7th Street
Suite 3600
Saint Louis, MO 63101
314-450-4046
Email: rking@koreintillery.com
ATTORNEY TO BE NOTICED
Rosemarie Fiorillo
Korein Tillery LLC
505 N. 7th St.
Suite 3600
St. Louis, MO 63101
314-241-4844
Email: rfiorillo@koreintillery.com
ATTORNEY TO BE NOTICED
Saritha K. Tice
Kellogg, Huber, Hansen, Todd, Evans &
Figel, PLLC
1615 M Street, NW
Suite 400
Ste. 400
Washington, DC 20036
202-326-7952
Fax: 202-326-7999
Email: stice@khhte.com
TERMINATED: 03/08/2013
PRO HAC VICE
Scott K. Attaway
Kellogg, Huber, Hansen, Todd, Evans &
Figel, PLLC
1615 M Street, NW
Suite 400
Ste. 400
Washington, DC 20036
202-326-7952
Fax: 202-326-7999
Email: sattaway@khhte.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
8/28/2014 10:28 AM
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Silvija A. Strikis
Kellogg, Huber, Hansen, Todd, Evans &
Figel, PLLC
1615 M Street, NW
Suite 400
Washington, DC 20036
202-326-7939
Fax: 202-326-7999
Email: sstrikis@khhte.com
ATTORNEY TO BE NOTICED
Stephen M. Tillery
Korein Tillery LLC
505 N. 7th St.
Suite 3600
St. Louis, MO 63101
314-241-4844
Email: stillery@koreintillery.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Steven Michael Berezney
Korein Tillery LLC
505 N. 7th St.
Suite 3600
St. Louis, MO 63101
314-241-4844
Email: sberezney@koreintillery.com
ATTORNEY TO BE NOTICED
Tamara Marie Spicer
Korein Tillery LLC
505 N. 7th St.
Suite 3600
St. Louis, MO 63101
314-241-4844
Email: tspicer@koreintillery.com
ATTORNEY TO BE NOTICED
Whitney Cloud
Kellogg, Huber, Hansen, Todd, Evans &
Figel, PLLC
1615 M Street, NW
Suite 400
Washington, DC 20036
202-326-7981
8/28/2014 10:28 AM
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Fax: 202-326-7999
Email: wcloud@khhte.com
ATTORNEY TO BE NOTICED
Plaintiff
MEMBERS Life Insurance Company
represented by David C. Frederick
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Andrew C. Shen
(See above for address)
ATTORNEY TO BE NOTICED
Caitlin Sinclair Hall
(See above for address)
ATTORNEY TO BE NOTICED
Garrett R. Broshuis
(See above for address)
ATTORNEY TO BE NOTICED
George A Zelcs
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Greg Garrell Gutzler
(See above for address)
ATTORNEY TO BE NOTICED
John Charles Craig
(See above for address)
ATTORNEY TO BE NOTICED
Kfir B. Levy
(See above for address)
TERMINATED: 04/30/2012
ATTORNEY TO BE NOTICED
Matthew Charles Davies
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Michael E. Klenov
(See above for address)
8/28/2014 10:28 AM
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ATTORNEY TO BE NOTICED
Michael M. Winter
(See above for address)
ATTORNEY TO BE NOTICED
Peggy A. Lautenschlager
(See above for address)
ATTORNEY TO BE NOTICED
Richard M. Elias
(See above for address)
ATTORNEY TO BE NOTICED
Robert L. King
(See above for address)
ATTORNEY TO BE NOTICED
Rosemarie Fiorillo
(See above for address)
ATTORNEY TO BE NOTICED
Saritha K. Tice
(See above for address)
TERMINATED: 03/08/2013
PRO HAC VICE
Scott K. Attaway
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Silvija A. Strikis
(See above for address)
ATTORNEY TO BE NOTICED
Stephen M. Tillery
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Steven Michael Berezney
(See above for address)
ATTORNEY TO BE NOTICED
Tamara Marie Spicer
(See above for address)
8/28/2014 10:28 AM
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ATTORNEY TO BE NOTICED
Whitney Cloud
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
CUMIS Insurance Society, Inc.
represented by David C. Frederick
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Andrew C. Shen
(See above for address)
ATTORNEY TO BE NOTICED
Caitlin Sinclair Hall
(See above for address)
ATTORNEY TO BE NOTICED
Garrett R. Broshuis
(See above for address)
ATTORNEY TO BE NOTICED
George A Zelcs
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Greg Garrell Gutzler
(See above for address)
ATTORNEY TO BE NOTICED
John Charles Craig
(See above for address)
ATTORNEY TO BE NOTICED
Kfir B. Levy
(See above for address)
TERMINATED: 04/30/2012
Matthew Charles Davies
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Michael E. Klenov
8/28/2014 10:28 AM
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(See above for address)
ATTORNEY TO BE NOTICED
Michael M. Winter
(See above for address)
ATTORNEY TO BE NOTICED
Peggy A. Lautenschlager
(See above for address)
ATTORNEY TO BE NOTICED
Richard M. Elias
(See above for address)
ATTORNEY TO BE NOTICED
Robert L. King
(See above for address)
ATTORNEY TO BE NOTICED
Rosemarie Fiorillo
(See above for address)
ATTORNEY TO BE NOTICED
Saritha K. Tice
(See above for address)
TERMINATED: 03/08/2013
PRO HAC VICE
Scott K. Attaway
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Silvija A. Strikis
(See above for address)
ATTORNEY TO BE NOTICED
Stephen M. Tillery
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Steven Michael Berezney
(See above for address)
ATTORNEY TO BE NOTICED
Tamara Marie Spicer
8/28/2014 10:28 AM
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(See above for address)
ATTORNEY TO BE NOTICED
Whitney Cloud
(See above for address)
ATTORNEY TO BE NOTICED
V.
Defendant
RBS Securities, Inc.
represented by David Horowitz
Kirkland & Ellis LLP
333 South Hope Street
Suite 2900
Los Angeles, CA 90071
213-680-8400x8374
Fax: 213-680-8500
Email: david.horowitz@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Devin Allan DeBacker
Kirkland & Ellis
655 Fifteenth Street, N.W.
Washington, DC 20005
202-879-5205
Fax: 202-879-5200
Email: devin.debacker@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Gavin C. P. Campbell
Kirkland & Ellis LLP
333 South Hope Street
Suite 2900
Los Angeles, CA 90071
213-680-8153
Fax: 213-680-8500
Email: gavin.campbell@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Heather Fay Canner
Kirkland & Ellis LLP
333 South Hope Street
Suite 2900
Los Angeles, CA 90071
8/28/2014 10:28 AM
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213-680-8400
Fax: 213-680-8500
Email: heather.canner@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jay L. Bhimani
Kirkland & Ellis LLP
333 South Hope Street
Suite 2900
Los Angeles, CA 90071
213-680-8400x8285
Fax: 213-680-8500
Email: jay.bhimani@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan Jeffrey Faria
Kirkland & Ellis LLP
333 South Hope Street
Suite 2900
Los Angeles, CA 90071
213-680-8400 x8151
Fax: 213-680-8500
Email: jonathan.faria@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kristin Elizabeth Rose
Kirkland & Ellis LLP
333 South Hope Street
Suite 2900
Los Angeles, CA 90071
213-680-8400 x8169
Fax: 213-680-8500
Email: kristin.rose@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael A. Onufer
Kirkland & Ellis LLP
601 Lexington Avenue
New York, NY 10022
212-446-4800
Fax: 212-446-4900
Email: michael.onufer@kirkland.com
LEAD ATTORNEY
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ATTORNEY TO BE NOTICED
Michelle Lynnea Mello
Kirkland & Ellis LLP
333 South Hope Street
Suite 2900
Los Angeles, CA 90071
213-680-8400 x8183
Fax: 213-680-8500
Email: michelle.mello@kirkland.com
TERMINATED: 06/13/2014
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Nathaniel J. Kritzer
Kirkland & Ellis LLP
601 Lexington Avenue
New York, NY 10022
212-446-4800
Fax: 212-446-4900
Email: nathaniel.kritzer@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Paul J. Leaf
Kirkland & Ellis LLP
333 South Hope St., Floor 28
Los Angeles, CA 90071
213-680-8147
Fax: 213-808-8028
Email: paul.leaf@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Robert Alexander Pilmer
Kirkland & Ellis LLP
333 South Hope Street
Suite 2900
Los Angeles, CA 90071
213-680-8400x8405
Fax: 213-680-8500
Email: alexander.pilmer@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tammy Tsoumas
Kirkland & Ellis LLP
8/28/2014 10:28 AM
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333 South Hope Street
Suite 2900
Los Angeles, CA 90071
213-680-8400x8233
Fax: 213-680-8500
Email: tammy.tsoumas@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Derek Michael Milosavljevic
Kirkland & Ellis LLP
333 South Hope Street
Suite 2900
Los Angeles, CA 90071
213-680-8400 x8112
Fax: 213-680-8500
Email: derek.milosavljevic@kirkland.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Michael J. Modl
Axley Brynelson, LLP
Two East Mifflin Street, Ste. 200
P.O. Box 1767
Madison, WI 53701
608-257-5661
Fax: 608-257-5444
Email: mmodl@axley.com
ATTORNEY TO BE NOTICED
Interested Party
Plaza Home Mortgage, Inc.
Date Filed
01/17/2012
#
represented by Lynde Selden , II
Plaza Home Mortgage, Inc.
General Counsel
4820 Eastgate Mall, Suite 100
San Diego, CA 92121
(858) 346-1208
Fax: (858) 677-6741
Email:
lynde.selden@plazahomemortgage.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Docket Text
1 NOTICE OF REMOVAL from Dane County Circuit Court, case number
2011cv5474 (Filing Fee $350, receipt number 0758-914145) filed by Defendant
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RBS Securities, Inc. (Attachments:
# 1 JS-44 Civil Cover Sheet,
# 2 Exhibit A - Summons and Complaint) (Modl, Michael) (Entered: 01/17/2012)
01/17/2012
2 Corporate Disclosure Statement by Defendant RBS Securities, Inc. (Modl, Michael)
(Entered: 01/17/2012)
01/18/2012
Case randomly assigned to Magistrate Judge Stephen L. Crocker. (arw) (Entered:
01/18/2012)
01/18/2012
Standard attachments for Magistrate Judge Stephen L. Crocker required to be served
on all parties with summons or waiver of service: Briefing Guidelines, Corporate
Disclosure Statement, Order Regarding Assignment of Civil Cases, Notice of
Assignment to Magistrate Judge and Consent/Request for Reassignment, Order on
Dispositive Motions. (arw) (Entered: 01/18/2012)
01/19/2012
3 Motion to Admit Michael E. Klenov Pro Hac Vice. (Pro Hac Vice Fee $50, receipt
number 0758-915451) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company. (Klenov, Michael) (Entered:
01/19/2012)
01/19/2012
4 Corporate Disclosure Statement by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company (Attachments:
# 1 Certificate of Service) (Lautenschlager, Peggy) (Entered: 01/19/2012)
01/19/2012
5 Motion to Admit Stephen M. Tillery Pro Hac Vice. (Pro Hac Vice Fee $50, receipt
number 0758-915892) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company. (Tillery, Stephen) (Entered:
01/19/2012)
01/19/2012
6 Motion to Admit George A. Zelcs Pro Hac Vice. (Pro Hac Vice Fee $50, receipt
number 0758-915946) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company. (Zelcs, George) (Entered:
01/19/2012)
01/20/2012
7 ** TEXT ONLY ORDER **
ORDER granting 3 Motion to Admit Michael E. Klenov Pro Hac Vice, granting 5
Motion to Admit Stephen M. Tillery Pro Hac Vice, granting 6 Motion to Admit
George A. Zelcs Pro Hac Vice. Signed by Magistrate Judge Stephen L. Crocker on
1/20/2012. (arw) (Entered: 01/20/2012)
01/20/2012
8 Motion to Admit Robert Alexander Pilmer Pro Hac Vice. (Pro Hac Vice Fee $50,
receipt number 0758-916899) by Defendant RBS Securities, Inc. (Pilmer, Robert)
(Entered: 01/20/2012)
01/23/2012
9 ** TEXT ONLY ORDER **
ORDER granting 8 Motion to Admit Robert Alexander Pilmer Pro Hac Vice.
Signed by Magistrate Judge Stephen L. Crocker on 1/23/2012. (arw) (Entered:
01/23/2012)
01/24/2012
10 Motion for Extension of Time to File Answer and to Set Briefing Schedule by
Defendant RBS Securities, Inc. (Pilmer, Robert) Modified on 1/25/2012 (jaf).
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(Entered: 01/24/2012)
01/25/2012
11 Motion to Admit David Horowitz Pro Hac Vice. (Pro Hac Vice Fee $50, receipt
number 0758-919965) by Defendant RBS Securities, Inc. (Horowitz, David)
(Entered: 01/25/2012)
01/25/2012
12 Motion to Admit Tammy Tsoumas Pro Hac Vice. (Pro Hac Vice Fee $50, receipt
number 0758-920079) by Defendant RBS Securities, Inc. (Tsoumas, Tammy)
(Entered: 01/25/2012)
01/25/2012
13 ** TEXT ONLY ORDER **
ORDER granting 10 Motion for Extension of Time to File Answer by Defendant
RBS Securities, Inc. Answer due 2/15/2012. Signed by Magistrate Judge Stephen L.
Crocker on 1/25/2012. (arw) (Entered: 01/25/2012)
01/26/2012
14 ** TEXT ONLY ORDER **
ORDER granting 11 Motion to Admit David Horowitz Pro Hac Vice, granting 12
Motion to Admit Tammy Tsoumas Pro Hac Vice. Signed by Magistrate Judge
Stephen L. Crocker on 1/25/2012. (arw) (Entered: 01/26/2012)
01/27/2012
15 Motion to Admit Kfir B. Levy Pro Hac Vice. (Pro Hac Vice Fee $50, receipt number
0758-922508) by Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance
Society, Members Life Insurance Company. (Levy, Kfir) (Entered: 01/27/2012)
01/27/2012
16 Motion to Admit David C. Frederick Pro Hac Vice. (Pro Hac Vice Fee $50, receipt
number 0758-922572) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company. (Frederick, David) (Entered:
01/27/2012)
01/27/2012
17 ** TEXT ONLY ORDER **
ORDER granting 15 Motion to Admit Kfir B. Levy Pro Hac Vice. Signed by
Magistrate Judge Stephen L. Crocker on 1/27/12. (krj) (Entered: 01/27/2012)
01/27/2012
18 ** TEXT ONLY ORDER **
ORDER granting 16 Motion to Admit David C. Frederick Pro Hac Vice. Signed by
Magistrate Judge Stephen L. Crocker on 1/27/12. (krj) (Entered: 01/27/2012)
01/27/2012
19 Record from Dane County Circuit Court. Case Number 11CV5474. (Attachments:
# 1 Docket Sheet,
# 2 Complaint,
# 3 Summons,
# 4 Affidavit of Service,
# 5 Notice of Removal) (arw) (Entered: 01/27/2012)
02/08/2012
20 Motion to Admit Jay L. Bhimani Pro Hac Vice. (Pro Hac Vice Fee $50, receipt
number 0758-930757) by Defendant RBS Securities, Inc. (Bhimani, Jay) (Entered:
02/08/2012)
02/08/2012
Set Pretrial Conference: Telephone Pretrial Conference set for 3/9/2012 at 1:30 PM
before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for
setting up the call to chambers at (608) 264-5153. Standing Order Governing
Preliminary Pretrial Conference attached. (arw) (Entered: 02/08/2012)
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02/09/2012
21 ** TEXT ONLY ORDER **
ORDER granting 20 Motion to Admit Jay L. Bhimani Pro Hac Vice. Signed by
Magistrate Judge Stephen L. Crocker on 2/8/2012. (arw) (Entered: 02/09/2012)
02/15/2012
22 MOTION TO DISMISS , Motion to Strike Jury Demand Pursuant to Federal
Rules of Civil Procedure 12(b)(6) and 12(f) by Defendant RBS Securities, Inc. Brief
in Opposition due 3/7/2012. Brief in Reply due 3/19/2012. (Pilmer, Robert)
Modified on 2/17/2012. (arw) (Entered: 02/15/2012)
02/15/2012
23 Brief in Support of 22 Motion to Dismiss, Motion to Strike, by Defendant RBS
Securities, Inc. (Pilmer, Robert) (Entered: 02/15/2012)
02/15/2012
24 Request for Judicial Notice re: 22 MOTION TO DISMISS, Motion to Strike Jury
Demand Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(f) by
Defendant RBS Securities, Inc. Response due 2/22/2012. (Pilmer, Robert) Modified
on 2/17/2012. (arw) (Entered: 02/15/2012)
02/15/2012
25 Declaration of David I. Horowitz filed by Defendant RBS Securities, Inc. in Support
of Request for Judicial Notice in Support of Motion to Dismiss re: 24 Request for
Judicial Notice. (Attachments:
# 1 Exhibit A - 2004 CUNA Mutual Group Annual Report,
# 2 Exhibit B - 2005 CUNA Mutual Group Annual Report,
# 3 Exhibit C - Excepts of Prospectus & Supplement_RBSGC 2005-A,
# 4 Exhibit D - Excepts of Prospectus & Supplement_RALI 2006-QS3,
# 5 Exhibit E - Excepts of Prospectus & Supplement_AMSI 2004-FR1,
# 6 Exhibit F - Excepts of Prospectus & Supplement_HVMLT 2005-15,
# 7 Exhibit G - Excepts of Prospectus & Supplement_MMLT 2005-3,
# 8 Exhibit H - Excepts of Prospectus & Supplement_RAMC 2004-4,
# 9 Exhibit I - Excepts of Prospectus & Supplement_RAMC 2005-4,
# 10 Exhibit J - Excepts of Prospectus & Supplement_SVHE 2005-B,
# 11 Exhibit K - Excepts of Prospectus & Supplement_SVHE 2005-OPT4,
# 12 Exhibit L - Excepts of Prospectus & Supplement_RBSGC 2007-A) (Pilmer,
Robert) Modified on 2/17/2012. (arw) (Entered: 02/15/2012)
02/16/2012
26 Exhibit (CD-ROM) to 25 Declaration of David I. Horowitz, filed by Defendant RBS
Securities, Inc. Exhibit maintained in Clerk's Office Exhibit Room. (arw) Modified
on 5/3/2012 (llj). (Entered: 02/17/2012)
02/17/2012
Reset Briefing Deadlines re: 22 Motion to Dismiss, Motion to Strike Jury Demand
Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(f). Brief in
Opposition due 3/16/2012. Brief in Reply due 4/2/2012. (arw) (Entered:
02/17/2012)
02/21/2012
Reset Briefing Deadlines re: 24 Request for Judicial Notice, 22 Motion to Dismiss,
Motion to Strike Jury Demand Pursuant to Federal Rules of Civil Procedure
12(b)(6) and 12(f). Brief in Opposition due 3/16/2012. Brief in Reply due 4/2/2012.
(arw/slc) (Entered: 02/21/2012)
03/06/2012
Reminder to Counsel: If you have not already provided your Consent/Request for
Reassignment forms, please do so by 3/8/2012. (lak) (Entered: 03/06/2012)
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27 Joint Report of Rule 26(f) Planning Meeting (Klenov, Michael) (Entered:
03/06/2012)
03/07/2012
Case randomly reassigned to District Judge William M. Conley and Magistrate
Judge Stephen L. Crocker. (lak) (Entered: 03/07/2012)
03/09/2012
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference held on 3/9/2012 [:15] (cak) (Entered:
03/09/2012)
03/13/2012
28 Pretrial Conference Order - Amendments to Pleadings due 4/20/2012. Dispositive
Motions due 1/4/2013. Settlement Letters due 5/31/2013. Motions in Limine due
5/31/2013. Response to Motion due 6/14/2013. Final Pretrial Conference set for
6/25/2013 at 04:00 PM. Jury Selection and Trial set for 7/15/2013 at 09:00 AM.
Signed by Magistrate Judge Stephen L. Crocker on 3/13/12. (rep) (Entered:
03/13/2012)
03/16/2012
29 AMENDED COMPLAINT against RBS Securities, Inc., filed by all Plaintiffs.
(Attachments:
# 1 Certificate of Service) (Lautenschlager, Peggy) Modified on 3/20/2012. (arw)
(Entered: 03/16/2012)
03/26/2012
30 Stipulated Motion for Protective Order by Defendant RBS Securities, Inc. (Modl,
Michael) (Entered: 03/26/2012)
03/27/2012
31 ** TEXT ONLY ORDER **
ORDER accepting and entering 30 Stipulated Protective Order by Defendant RBS
Securities, Inc. Signed by Magistrate Judge Stephen L. Crocker on 3/27/2012. (arw)
(Entered: 03/27/2012)
03/30/2012
32 MOTION TO DISMISS First Amended Complaint, Motion to Strike Amended
Complaint Jury Demand Pursuant to Fed. R. Civ. P. 12(b)(6) and 12(f), filed by
Defendant RBS Securities, Inc. Brief in Opposition due 4/20/2012. Brief in Reply
due 4/30/2012. (Pilmer, Robert) Modified on 4/3/2012. (arw) (Entered: 03/30/2012)
03/30/2012
33 Brief in Support of 32 Motion to Dismiss, Motion to Strike,, by Defendant RBS
Securities, Inc. (Pilmer, Robert) (Entered: 03/30/2012)
03/30/2012
34 Request for Judicial Notice re: 32 MOTION TO DISMISS First Amended
Complaint, Motion to Strike 29 Amended Complaint Jury Demand Pursuant to Fed.
R. Civ. P. 12(b)(6) and 12(f), filed by Defendant RBS Securities, Inc. Response due
4/6/2012. (Pilmer, Robert) Modified on 4/3/2012. (arw) (Entered: 03/30/2012)
03/30/2012
35 Declaration of Jay Bhimani filed by Defendant RBS Securities, Inc. re: 34 Motion
for Miscellaneous Relief, (Attachments:
# 1 Exhibit A - Redline Comparison_Complaint & Amended Complaint,
# 2 Exhibit B - 2004 CUNA Mutual Group Annual Report,
# 3 Exhibit C - 2005 CUNA Mutual Group Annual Report,
# 4 Exhibit D - Excepts of Prospectus & Supplement_RBSGC 2005-A,
# 5 Exhibit E - Excepts of Prospectus & Supplement_RALI 2006-QS3,
# 6 Exhibit F - Excepts of Prospectus & Supplement_AMSI 2004-FR1,
# 7 Exhibit G - Excepts of Prospectus & Supplement_HVMLT 2005-15,
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# 8 Exhibit H - Excepts of Prospectus & Supplement_MMLT 2005-3,
# 9 Exhibit I - Excepts of Prospectus & Supplement_RAMC 2004-4,
# 10 Exhibit J - Excepts of Prospectus & Supplement_RAMC 2005-4,
# 11 Exhibit K - Excepts of Prospectus & Supplement_SVHE 2005-B,
# 12 Exhibit L - Excepts of Prospectus & Supplement_SVHE 2005-OPT4,
# 13 Exhibit M - Excepts of Prospectus & Supplement_RBSGC 2007-A,
# 14 Exhibit N - Novastar Opinion & Memo) (Pilmer, Robert) (Entered:
03/30/2012)
04/10/2012
Reset Briefing Deadlines as to 32 MOTION TO DISMISS First Amended
Complaint, Motion to Strike 29 Amended Complaint Jury Demand Pursuant to
Fed. R. Civ. P. 12(b)(6) and 12(f). Deadlines reset to comport with 28 Pretrial
Conference Order. Brief in Opposition due 4/27/2012. Brief in Reply due 5/18/2012.
(rep) (Entered: 04/10/2012)
04/10/2012
36 Motion to Admit Paul J. Leaf Pro Hac Vice. (Pro Hac Vice Fee $50, receipt number
0758-964593) by Defendant RBS Securities, Inc. Motions referred to Magistrate
Judge Stephen L. Crocker. (Leaf, Paul) (Entered: 04/10/2012)
04/11/2012
37 ** TEXT ONLY ORDER **
ORDER granting 36 Motion to Admit Paul J. Leaf Pro Hac Vice. Signed by
Magistrate Judge Peter Oppeneer on 4/11/2012. (arw) (Entered: 04/11/2012)
04/12/2012
38 Motion to Admit Derek Michael Milosavljevic Pro Hac Vice. (Pro Hac Vice Fee
$50, receipt number 0758-966066) by Defendant RBS Securities, Inc. Motions
referred to Magistrate Judge Stephen L. Crocker. (Milosavljevic, Derek) (Entered:
04/12/2012)
04/13/2012
39 Motion to Admit Scott K. Attaway Pro Hac Vice. (Pro Hac Vice Fee $50, receipt
number 0758-966087) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Attaway, Scott) (Entered: 04/13/2012)
04/13/2012
40 Motion to Admit Saritha K. Tice Pro Hac Vice. (Pro Hac Vice Fee $50, receipt
number 0758-966094) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Tice, Saritha) (Entered: 04/13/2012)
04/13/2012
41 ** TEXT ONLY ORDER **
ORDER granting 38 Motion to Admit Derek Michael Milosavljevic Pro Hac Vice,
granting 39 Motion to Admit Scott K. Attaway Pro Hac Vice, granting 40 Motion to
Admit Saritha K. Tice Pro Hac Vice. Signed by Magistrate Judge Peter Oppeneer on
4/13/2012. (arw) (Entered: 04/13/2012)
04/20/2012
42 Motion to Admit Matthew Charles Davies Pro Hac Vice. (Pro Hac Vice Fee $50,
receipt number 0758-969563) by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Davies, Matthew) (Entered: 04/20/2012)
04/20/2012
43 Notice of Withdrawal of Counsel by Kfir B. Levy for Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, Members Life Insurance Company.
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(Attachments:
# 1 Text of Proposed Order,
# 2 Certificate of Service) (Lautenschlager, Peggy) Modified on 4/20/2012. (arw)
(Entered: 04/20/2012)
04/20/2012
44 ** TEXT ONLY ORDER **
It is ORDERED that Attorney Kfir B. Levy is permitted forthwith to withdraw as
counsel for plaintiffs. Signed by Magistrate Judge Stephen L. Crocker on 4/20/2012.
(arw) (Entered: 04/20/2012)
04/23/2012
45 ** TEXT ONLY ORDER **
ORDER granting 42 Motion to Admit Matthew Charles Davies Pro Hac Vice.
Signed by Magistrate Judge Peter Oppeneer on 4/23/2012. (arw) (Entered:
04/23/2012)
04/27/2012
46 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company re: 32 Motion to Dismiss,
Motion to Strike by RBS Securities, Inc. (Klenov, Michael) (Entered: 04/27/2012)
05/02/2012
47 Objection to Subpoena Duces Tecum by Plaza Home Mortgage, Inc. (Selden,
Lynde) (Entered: 05/02/2012)
05/03/2012
48 Notice of Subpoena to Plaza Home Mortgage, Inc. by Defendant RBS Securities,
Inc. (Modl, Michael) Modified on 5/4/2012. (arw) (Entered: 05/03/2012)
05/03/2012
49 Joint Motion for Protective Order Amendment by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, Members Life Insurance Company,
Defendant RBS Securities, Inc. (Klenov, Michael) (Entered: 05/03/2012)
05/04/2012
50 ORDER granting 49 Joint Motion for Protective Order. Signed by Magistrate Judge
Stephen L. Crocker on 5/4/2012. (arw) (Entered: 05/04/2012)
05/18/2012
51 Brief in Reply in Support of 32 Motion to Dismiss, Motion to Strike by Defendant
RBS Securities, Inc. (Pilmer, Robert) Modified on 5/21/2012. (arw) (Entered:
05/18/2012)
05/24/2012
52 Notice of Supplemental Authority by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company re: 32 MOTION TO
DISMISS First Amended Complaint, Motion to Strike Amended Complaint Jury
Demand Pursuant to Fed. R. Civ. P. 12(b)(6) and 12(f). (Attachments:
# 1 Exhibit FHFA v. UBS opinion) (Attaway, Scott) Modified on 5/25/2012. (jaf)
(Entered: 05/24/2012)
05/29/2012
53 Notice of Production of Documents by Third Party Plaza Home Mortgage, Inc.
(Selden, Lynde) (Entered: 05/30/2012)
06/01/2012
54 Response to 52 Notice of Supplemental Authority, filed by Defendant RBS
Securities, Inc. (Pilmer, Robert) Modified on 6/5/2012. (arw) (Entered: 06/01/2012)
06/28/2012
55 Joint Motion to Amend/Correct 28 Pretrial Conference Order, Expert Disclosure
and Dispositive Motion Deadlines by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company, Defendant RBS
Securities, Inc. (Klenov, Michael) (Entered: 06/28/2012)
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56 Notice of Supplemental Authority by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company re: 46 Brief in
Opposition to Motion to Dismiss. (Attachments:
# 1 Exhibit NCUA v. RBS, Nos. 11-2340-RDR & 11-2649-RDR, 2012 WL
3028803 (D. Kan. July 25, 2012) (Attaway, Scott) (Entered: 07/27/2012)
08/01/2012
57 Motion to Admit Rosemarie Fiorillo Pro Hac Vice. (Pro Hac Vice fee $50, receipt
number 0758-1023849) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Fiorillo, Rosemarie) (Entered: 08/01/2012)
08/01/2012
58 Response to 56 Notice of Supplemental Authority by Defendant RBS Securities,
Inc. (Pilmer, Robert) Modified on 8/2/2012 (jaf). (Entered: 08/01/2012)
08/03/2012
59 ** TEXT ONLY ORDER **
ORDER granting 57 Motion to Admit Rosemarie Fiorillo Pro Hac Vice. Signed by
Magistrate Judge Peter Oppeneer on 8/3/2012. (arw) (Entered: 08/03/2012)
08/07/2012
60 Motion to Admit Robert L. King Pro Hac Vice. (Pro Hac Vice fee $50 receipt
number 0758-1026911) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (King, Robert) (Entered: 08/07/2012)
08/09/2012
61 ** TEXT ONLY ORDER **
ORDER granting 60 Motion to Admit Robert L. King Pro Hac Vice. Signed by
Magistrate Judge Peter Oppeneer on 8/9/2012. (arw) (Entered: 08/09/2012)
08/17/2012
62 ** TEXT ONLY ORDER **
ORDER granting 55 Motion to Amend Pretrial Conference Order. Signed by
Magistrate Judge Stephen L. Crocker on 8/17/12. (rep) (Entered: 08/17/2012)
08/27/2012
63 Motion for Telephone Status Conference by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, Members Life Insurance Company. (Attachments:
# 1 Certificate of Service) (Lautenschlager, Peggy) Modified on 8/28/2012. (arw)
(Entered: 08/27/2012)
08/28/2012
64 ** TEXT ONLY ORDER **
ORDER granting 63 Motion for Telephone Status Conference. Telephone Status
Conference set for 9/13/2012 at 1:00 PM before Magistrate Judge Stephen L.
Crocker. Counsel for Plaintiffs responsible for setting up the call to chambers at
(608) 264-5153. Signed by Magistrate Judge Stephen L. Crocker on 8/27/2012.
(arw) (Entered: 08/28/2012)
09/13/2012
09/14/2012
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Status Conference held on 9/13/2012 [:15] (cak) (Entered: 09/13/2012)
65 AMENDED Scheduling Order: Dispositive Motions due 6/3/2013. Settlement
Letters due 10/18/2013. Rule 26(a)(3) Disclosures and Motions in Limine due
10/18/2013, Responses due 11/1/2013. Final Pretrial Conference set for 11/19/2013
at 4:00 PM. Jury Selection and Trial set for 12/2/2013 at 9:00 AM. Signed by
Magistrate Judge Stephen L. Crocker on 9/13/2012. (arw) (Entered: 09/14/2012)
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09/18/2012
66 Notice of production of documents by Interested Party Plaza Home Mortgage, Inc.
(rep) (Entered: 09/18/2012)
09/18/2012
67 Declaration of Greg Watson re 66 Notice of production of documents. (rep)
(Entered: 09/18/2012)
10/15/2012
68 Motion to Compel Document Production by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, Members Life Insurance Company. Motions
referred to Magistrate Judge Stephen L. Crocker. Response due 10/22/2012.
(Klenov, Michael) (Entered: 10/15/2012)
10/15/2012
69 Brief in Support of 68 Motion to Compel, by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, Members Life Insurance Company (Attachments:
# 1 Exhibit CUNA Mutual's First Set of Document Requests,
# 2 Exhibit RBS's Objections and Responses,
# 3 Exhibit 4.20.12 Letter from M. Davies to R. Pilmer,
# 4 Exhibit 5.2.12 Letter from M. Davies to D. Horowitz,
# 5 Exhibit 7.26.12 Letter from R. Fiorillo to D. Horowitz,
# 6 Exhibit 8.16.12 Letter from D. Horowitz to R. Fiorillo,
# 7 Exhibit Excerpts of RBS's Rule 30(b)(6) Deposition Transcript) (Klenov,
Michael) Requested attorney file entire deposition transcript as an individual docket
entry on 10/16/2012 (jaf). (Entered: 10/15/2012)
10/16/2012
Set Deadlines and Hearings re: 68 Motion to Compel Document Production by
Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance Society, Members
Life Insurance Company. Telephone Motion Hearing set for 10/24/2012 at 10:30
AM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiffs responsible
for setting up the call to chambers at (608) 264-5153. (arw) (Entered: 10/16/2012)
10/17/2012
70 Deposition of Michael Zanga taken on August 15, 2012 Exhibit 7 to CUNA Mutual's
Motion to Compel (Doc. 69) (Klenov, Michael) (Entered: 10/17/2012)
10/17/2012
71 Motion to Admit Steven Michael Berezney Pro Hac Vice. (Pro Hac Vice fee $50,
receipt number 0758-1068779) by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Berezney, Steven) (Entered: 10/17/2012)
10/17/2012
72 Motion to Admit Tamara Marie Spicer Pro Hac Vice. (Pro Hac Vice fee $50, receipt
number 0758-1068796) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Spicer, Tamara) (Entered: 10/17/2012)
10/17/2012
73 Motion to Admit Greg Garrell Gutzler Pro Hac Vice. (Pro Hac Vice fee $50, receipt
number 0758-1068939) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Gutzler, Greg) (Entered: 10/17/2012)
10/19/2012
74 ** TEXT ONLY ORDER **
ORDER granting 71 Motion to Admit Steven Michael Berezney Pro Hac Vice;
granting 72 Motion to Admit Tamara Marie Spicer Pro Hac Vice; granting 73
Motion to Admit Greg Garrell Gutzler Pro Hac Vice. Signed by Magistrate Judge
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Peter Oppeneer on 10/19/2012. (arw) (Entered: 10/19/2012)
10/22/2012
75 Brief in Opposition by Defendant RBS Securities, Inc. re: 68 Motion to Compel,
filed by Members Life Insurance Company, CUNA Mutual Insurance Society,
CUMIS Insurance Society RBS Securities Inc.'s Opposition to CUNA Mutual's
Motion to Compel (Pilmer, Robert) (Entered: 10/22/2012)
10/22/2012
76 Declaration of David Horowitz re 75 Brief in Opposition, Declaration of David
Horowitz in Support of RBS Securities Inc.'s Opposition to CUNA Mutual's Motion
to Compel (Attachments:
# 1 Exhibit A - 08/22/12 Horowitz to King Ltr.,
# 2 Exhibit B - 08/30/12 Graham to Horowitz Ltr.,
# 3 Exhibit C - 09/28/12 Bhimani to Graham Ltr.,
# 4 Exhibit D - 10/09/12 Graham to Bhimani Ltr.,
# 5 Exhibit E - 06/21/12 Klenov to Horwitz Ltr.,
# 6 Exhibit F - 09/28/12 Graham to Bhimani Email,
# 7 Exhibit G - 07/26/12 Depo Transcript-30(b)(6) (Excerpt) - See also 77 ,
# 8 Exhibit H - 10/15/12 Klenov to Bhimani Ltr.) (Pilmer, Robert) Requested
attorney file entire deposition transcript as individual docket entry on 10/23/2012.
(jaf). Modified on 10/24/2012. (jaf) (Entered: 10/22/2012)
10/23/2012
77 Joint Deposition of Bradley J. Krueger and Richard R. Sapp taken on July 26, 2012
Exhibit G to Horowitz Declaration in Support of RBS Opposition to Motion to
Compel Production (Doc. 76). (Pilmer, Robert) (Entered: 10/23/2012)
10/25/2012
78 ** TEXT ONLY ORDER **
At an October 24, 2012 telephonic hearing, the court denied without prejudice
plaintiff's motion for discovery 68 for reasons stated during the hearing. Each side
will bear its own costs on this motion. Signed by Magistrate Judge Stephen L.
Crocker on 10/24/2012. (arw) (Entered: 10/25/2012)
10/26/2012
79 Transcript of Telephonic Motion Hearing, held 10/24/2012 before Magistrate Judge
Stephen L. Crocker. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (arw) (Entered:
10/26/2012)
10/26/2012
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Motion Hearing held on 10/25/2012 [1:00] (Court Reporter LS) (cak)
(Entered: 10/26/2012)
11/07/2012
80 Motion to Compel CUNA to Comply with FRCP 30(b)(6) (Response due
11/14/2012), Motion for Attorney Fees and Costs by Defendant RBS Securities, Inc.
Motions referred to Magistrate Judge Stephen L. Crocker. (Pilmer, Robert) (Entered:
11/07/2012)
11/07/2012
81 Brief in Support of 80 Motion to Compel, Motion for Attorney Fees by Defendant
RBS Securities, Inc. (Pilmer, Robert) (Entered: 11/07/2012)
11/07/2012
82 Declaration of David Horowitz filed by Defendant RBS Securities, Inc. re: 80
Motion to Compel, Motion for Attorney Fees (Attachments:
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# 1 Exhibit A - 04/12/12 Klenov to Horowitz Email,
# 2 Exhibit B - 05/01/12 Bhimani to Klenov Ltr,
# 3 Exhibit C - 05/24/12 Klenov to Horowitz Email,
# 4 Exhibit D - 06/14/12 Horowitz to Klenov Email,
# 5 Exhibit E - 06/20/12 Bhimani to Klenov Email,
# 6 Exhibit F - 06/21/12 Klenov to Horowitz Ltr.,
# 7 Exhibit G - 07/26/12 Krueger & Sapp Tr. - See also 77 ,
# 8 Exhibit H - CMFG Am Resp to 1st Rogs,
# 9 Exhibit I - Depo Notice to CMFG,
# 10 Exhibit J - Depo Notice to CUMIS,
# 11 Exhibit K - Depo Notice to Members Life,
# 12 Exhibit L - Depo Notice to Members Capital,
# 13 Exhibit M - Depo Notice to RBS,
# 14 Exhibit N - 08/15/12 Zanga Transcript - See also 70 ,
# 15 Exhibit O - 07/06/12 Klenov to Horowitz Email,
# 16 Exhibit P - Certificate of Destruction,
# 17 Exhibit Q - 09/06/12 Horowitz to Klenov Ltr.,
# 18 Exhibit R - 10/09/12 King to Horowitz Ltr.,
# 19 Exhibit S - 10/10/12 Horowitz to King Ltr.,
# 20 Exhibit T - 10/19/12 King to Horowitz Email,
# 21 Exhibit U - 11/01/12 King to Horowitz Email,
# 22 Exhibit V - 11/02/12 King to Horowitz Ltr.,
# 23 Exhibit W - 11/05/12 Supp Not of Depo of RB,
# 24 Exhibit X - 11/05/12 King to Horowitz Ltr.) (Pilmer, Robert) Modified on
11/8/2012 (jaf). (Entered: 11/07/2012)
11/09/2012
Set Deadlines and Hearings re: 80 Motion to Compel CUNA to Comply with FRCP
30(b)(6) and Motion for Attorney Fees and Costs. Telephone Motion Hearing set for
11/21/2012 at 10:00 AM before Magistrate Judge Stephen L. Crocker. Counsel for
Defendant responsible for setting up the call to chambers at (608) 264-5153. (arw)
(Entered: 11/09/2012)
11/09/2012
83 Motion for Protective Order Precluding CUNA from Proceeding with Supplemental
30(b)(6) Deposition by Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered:
11/09/2012)
11/09/2012
84 Brief in Support of 83 Motion for Protective Order by Defendant RBS Securities,
Inc. (Pilmer, Robert) (Entered: 11/09/2012)
11/09/2012
85 Declaration of David Horowitz filed by Defendant RBS Securities, Inc. re: 83
Motion for Protective Order (Attachments:
# 1 Exhibit A - RBS 30(b)(6) Objections,
# 2 Exhibit B - 2012.11.07 Horowitz to King Email,
# 3 Exhibit C - 2012.11.08 King to Horowitz Email,
# 4 Exhibit D - CUNA Not. of RBS Depo,
# 5 Exhibit E - 2012.08.15 Zanga Tr - See also 70 ,
# 6 Exhibit F - 2012.08.22 Horowitz to King Ltr,
# 7 Exhibit G - 2012.09.28 Bhimani to Graham Ltr,
# 8 Exhibit H - CUMIS 1st Rogs to RBS,
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# 9 Exhibit I - 2012.11.06 Spicer to Horowitz Ltr) (Horowitz, David) Modified on
11/13/2012 (jaf). (Entered: 11/09/2012)
11/13/2012
86 ** TEXT ONLY ORDER **
The continued 30(b)(6) deposition is stayed pending resolution of the November 9,
2012 motion for protection 83 . Signed by Magistrate Judge Stephen L. Crocker on
11/13/2012. (arw) (Entered: 11/13/2012)
11/13/2012
Set Deadlines and Hearings re: 83 Motion for Protective Order Precluding CUNA
from Proceeding with Supplemental 30(b)(6) Deposition by Defendant RBS
Securities, Inc. Response due 11/16/2012. Telephone Motion Hearing set for
11/21/2012 at 10:00 AM before Magistrate Judge Stephen L. Crocker. Counsel for
Defendant responsible for setting up the call to chambers at (608) 264-5153. (arw)
(Entered: 11/13/2012)
11/14/2012
87 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company re: 80 Motion to Compel,
Motion for Attorney Fees filed by RBS Securities, Inc. (Attachments:
# 1 Exhibit King 10/29/12 e-mail to Horowitz,
# 2 Exhibit Declaration of Mark Prusha - See also 88 ) (King, Robert) Requested
attorney refile declaration as a separate docket entry on 11/15/2012 (jaf). Modified
on 11/16/2012 (jaf). (Entered: 11/14/2012)
11/15/2012
88 Declaration of Mark Prusha filed by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company re: 80 Motion to
Compel, Motion for Attorney Fees (King, Robert) (Entered: 11/15/2012)
11/16/2012
89 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company re: 83 Motion for Protective
Order filed by RBS Securities, Inc. (King, Robert) (Entered: 11/16/2012)
11/19/2012
90 Joint Motion for Protective Order Amendment by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, Members Life Insurance Company,
Defendant RBS Securities, Inc. (Klenov, Michael) (Entered: 11/19/2012)
11/21/2012
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Motion Hearing held on 11/21/2012 [:20] (Court Reporter LS) (cak)
(Entered: 11/21/2012)
11/21/2012
91 ** TEXT ONLY ORDER **
At a November 21, 2012 telephonic hearing, the court granted defendant's motion to
compel 80 and denied its motion for protection 83 for the reasons stated. The two
30(b)(6) depositions at issue should take place before December 21, 2012 at a
location, time and place agreeable to both sides. If the parties cannot agree, they
should promptly alert the court so that it may schedule the depositions by fiat. Each
side will bear its own costs on both motions. Signed by Magistrate Judge Stephen L.
Crocker on 11/21/2012. (arw) (Entered: 11/21/2012)
11/21/2012
92 ORDER granting 90 Joint Motion for Protective Order Amendment. Signed by
Magistrate Judge Stephen L. Crocker on 11/20/2012. (arw) (Entered: 11/21/2012)
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93 Transcript of telephonic hearing, held 11/21/12 before Magistrate Judge Stephen L.
Crocker. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (krj) (Entered:
12/18/2012)
12/28/2012
94 Notice of Supplemental Authority by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company . (Attachments:
# 1 Exhibit A - Capital Ventures Int'l v. UBS Sec. LLC,
# 2 Exhibit B - Cambridge Place Investment Mgmt., Inc. v. Morgan Stanley & Co.,
# 3 Exhibit C - Federal Housing Fin. Agency v. Morgan Stanley,
# 4 Exhibit D - FDIC v. Countrywide Fin. Corp.) (Attaway, Scott) Modified on
1/2/2013 (jaf). (Entered: 12/28/2012)
01/07/2013
95 Response by Defendant RBS Securities, Inc. re 94 Notice of Supplemental
Authority. (Pilmer, Robert) Modified on 1/8/2013 (jaf). (Entered: 01/07/2013)
02/01/2013
96 Motion to Admit Andrew C. Shen Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt
number 0758-1120227.) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Shen, Andrew) (Entered: 02/01/2013)
02/01/2013
97 ** TEXT ONLY ORDER **
ORDER granting 96 Motion to Admit Andrew C. Shen Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 2/1/2013. (voc) Modified on 2/13/2013 (llj).
(Entered: 02/01/2013)
02/06/2013
98 Motion to Admit Michael M. Winter Pro Hac Vice. (Pro Hac Vice fee $50, receipt
number 0758-1123202) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Winter, Michael) Modified receipt number
on 2/7/2013. (arw) (Entered: 02/06/2013)
02/07/2013
99 ** TEXT ONLY ORDER **
ORDER granting 98 Motion to Admit Michael M. Winter Pro Hac Vice. Signed by
Magistrate Judge Peter Oppeneer on 2/7/2013. (arw) (Entered: 02/07/2013)
02/08/2013
100 Motion for Spoliation Sanctions (Sealed Document) by Defendant RBS Securities,
Inc. Response due 2/15/2013. (Modl, Michael) (Entered: 02/08/2013)
02/08/2013
101 Deposition of Bradley J. Krueger taken on July 26, 2012 (Modl, Michael) (Entered:
02/08/2013)
02/08/2013
102 Deposition of Bradley J. Krueger taken on December 19, 2012 (Modl, Michael)
(Entered: 02/08/2013)
02/08/2013
103 Deposition of Mark Prusha taken on November 27, 2012 (Sealed Document) (Modl,
Michael) (Entered: 02/08/2013)
02/08/2013
104 Deposition of David Marks taken on November 29, 2012 (Sealed Document) (Modl,
Michael) (Entered: 02/08/2013)
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105 Brief in Support of 100 Motion for Miscellaneous Relief Motion for Spoliation
Sanctions by Defendant RBS Securities, Inc. (Sealed Document) (Modl, Michael)
(Entered: 02/08/2013)
02/08/2013
106 Declaration of David Horowitz filed by Defendant RBS Securities, Inc. re: 100
Motion for Miscellaneous Relief (Sealed Document) (Attachments:
# 1 Exhibit 1 - 7/26/12 Bradley J. Krueger Deposition Transcript (filed as Dkt 101),
# 2 Exhibit 2 - 12/19/12 Bradley J. Krueger Deposition Transcript (filed as Dkt
102),
# 3 Exhibit 3 - 11/27/12 Mark Prusha Deposition Transcript (filed as Dkt 103),
# 4 Exhibit 4 - 11/29/12 David Marks Deposition Transcript (filed as Dkt 104),
# 5 Exhibit 5 - CUNA Am Resp to 1st Rogs_2012.04.17,
# 6 Exhibit 6 - TMerfeld Rogs Verification Pages,
# 7 Exhibit 7 - CUNARBS000003091 (CONFIDENTIAL),
# 8 Exhibit 8 - CUNARBS000066981,
# 9 Exhibit 9 - CUNARBS000079238,
# 10 Exhibit 10 - CUNARBS000079239) (Modl, Michael) (Entered: 02/08/2013)
02/08/2013
107 Exhibit to 106 Declaration, filed by RBS Securities, Inc. Exhibit 11 CUNARBS000079240 (Sealed Document) (Attachments:
# 1 Exhibit 12- CUNARBS000079241,
# 2 Exhibit 13- CUNARBS000079341,
# 3 Exhibit 14- CUNARBS000079344,
# 4 Exhibit 15- CUNARBS000079620,
# 5 Exhibit 16- MPrusha 03.14.2007 Email (CONFIDENTIAL),
# 6 Exhibit 17- Bear Stears Presentation (CONFIDENTIAL),
# 7 Exhibit 18- Members Mutual Pros CUNARBS000216142 (HIGHLY
CONFIDENTIAL),
# 8 Exhibit 19- Marks 11.09.2007 Memo (HIGHLY CONFIDENTIAL),
# 9 Exhibit 20- DMarks 02.21.2008 Memo (CONFIDENTIAL) (Modl, Michael)
(Entered: 02/08/2013)
02/08/2013
108 Exhibit to 106 Declaration, filed by RBS Securities, Inc. Exhibit 21- DMarks
07.28.2008 Memo (CONFIDENTIAL) (Sealed Document) (Attachments:
# 1 Exhibit 22- MPrusha 11.28.2007 Email (CONFIDENTIAL),
# 2 Exhibit 23- MPrusha 03.16.2007 Email (CONFIDENTIAL),
# 3 Exhibit 24- Structured Sec. Process Policy (HIGHLY CONFIDENTIAL),
# 4 Exhibit 25- CUNARBS000415612 (HIGHLY CONFIDENTIAL),
# 5 Exhibit 26- DMarks 01.26.2009 Memo CUNARBS000457746
(CONFIDENTIAL),
# 6 Exhibit 27- JStark 03.13.2007 Email (CONFIDENTIAL),
# 7 Exhibit 28- State of the Economy Presentation (CUNARBS000600854),
# 8 Exhibit 29- MPrusha 02.18.2009 Email CUNARBS000648019
(CONFIDENTIAL),
# 9 Exhibit 30- MPrusha 08.30.2007 Email (C0NFIDENTIAL),
# 10 Exhibit 31- Prusha Talking Points (CONFIDENTIAL) (Modl, Michael)
(Entered: 02/08/2013)
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109 Exhibit to 106 Declaration, filed by RBS Securities, Inc. Exhibit 32- Filed
Manually, via Disc (Sealed Document) (Attachments:
# 1 Exhibit 33- Certificate of Destruction (CONFIDENTIAL),
# 2 Exhibit 34- Appvd Destruction List CUNARBS000840130,
# 3 Exhibit 35- Delete List CUNARBS000840179 (CONFIDENTIAL),
# 4 Exhibit 36- Manually Filed, via Disc,
# 5 Exhibit 37- CUNA List of Mailboxes to be Purged CUNARBS000840252
(CONFIDENTIAL),
# 6 Exhibit 38- DVoge 06.06.2006 Email CUNARBS000840500
(CONFIDENTIAL),
# 7 Exhibit 39- JCook 09.04.2007 Email_CUNARBS001298522
(CONFIDENTIAL),
# 8 Exhibit 40- Krueger Depo Ex 47,
# 9 Exhibit 41- Barclay's Report 03.02.2007,
# 10 Exhibit 42- Credit Suisse Report) (Modl, Michael) (Entered: 02/08/2013)
02/08/2013
110 Exhibit to 106 Declaration, filed by RBS Securities, Inc. Exhibit 43-Goldman Sachs
Presentation (Sealed Document) (Attachments:
# 1 Exhibit 44-Mort Prods in Portfolio Mgt PRUSHARBS00000629,
# 2 Exhibit 45-Deutsche Asst Mgt Report,
# 3 Exhibit 46-CUNA Errata Sheet,
# 4 Exhibit 47-King to Horowitz 02.01.2013 Letter,
# 5 Exhibit 48-FHLB Seattle Complaint,
# 6 Exhibit 49-WSJ Article_Is Appraisal Skewing Home Values,
# 7 Exhibit 50-07.16.2007 American Banker Article) (Modl, Michael) (Entered:
02/08/2013)
02/08/2013
111 Exhibit to 106 Declaration, filed by RBS Securities, Inc. Exhibit 51 - Financial
Times Article "MBIA Sues Countrywide" (Sealed Document) (Modl, Michael)
(Entered: 02/08/2013)
02/08/2013
112 Exhibit to 106 Declaration,,, filed by RBS Securities, Inc. Exhibit 52-Credit Union
Journal Article "CUNA Mutual Cuts 73 Staffers" (Sealed Document) (Attachments:
# 1 Exhibit 53-WSJ Article "Mortgage Suit Targets Street") (Modl, Michael)
(Entered: 02/08/2013)
02/08/2013
113 Exhibit to 106 Declaration, filed by RBS Securities, Inc. Exhibit 55 - 2007 Fitch
Report (Sealed Document) (Modl, Michael) (Entered: 02/08/2013)
02/08/2013
114 Exhibit to 106 Declaration, filed by RBS Securities, Inc. Exhibit 56- NGraham to
DHorowitz 08.22.2012 Ltr (Sealed Document) (Attachments:
# 1 Exhibit 57- DHorowitz to NGraham 08.30.2012 Ltr,
# 2 Exhibit 58- JBhimani to NGraham 10.30.2012 Ltr,
# 3 Exhibit 59- TSpicer to JBhimani 11.14.2012 Ltr) (Modl, Michael) (Entered:
02/08/2013)
02/08/2013
115 Redacted Brief in Support of 100 Motion for Miscellaneous Relief Motion for
Spoliation Sanctions by Defendant RBS Securities, Inc. (Modl, Michael) (Entered:
02/08/2013)
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116 Declaration of David Horowitz filed by Defendant RBS Securities, Inc.
REDACTED re: 100 Motion for Miscellaneous Relief (Attachments:
# 1 Exhibit 1 - 7/26/12 Bradley J. Krueger Deposition Transcript (filed as Dkt 101),
# 2 Exhibit 2 - 12/19/12 Bradley J. Krueger Deposition Transcript (filed as Dkt
102),
# 3 Exhibit 3 - 11/27/12 Mark Prusha Deposition Transcript (filed as Dkt 103),
# 4 Exhibit 4 - 11/29/12 David Marks Deposition Transcript (filed as Dkt 104),
# 5 Exhibit 5 - CUNA Am Resp to 1st Rogs_2012.04.17,
# 6 Exhibit 6 - TMerfeld Rogs Verification Pages,
# 7 Exhibit 7 - Filed Under Seal,
# 8 Exhibit 8 - CUNARBS000066981,
# 9 Exhibit 9 - CUNARBS000079238,
# 10 Exhibit 10 - CUNARBS000079239) (Modl, Michael) (Entered: 02/08/2013)
02/08/2013
117 Exhibit to 116 Declaration, filed by RBS Securities, Inc. REDACTED Exhibit 11CUNARBS000079240 (Attachments:
# 1 Exhibit 12- CUNARBS000079241,
# 2 Exhibit 13- CUNARBS000079341,
# 3 Exhibit 14- CUNARBS000079344,
# 4 Exhibit 15- CUNARBS000079620,
# 5 Exhibit 16- Filed Under Seal,
# 6 Exhibit 17- Filed Under Seal,
# 7 Exhibit 18- Filed Under Seal,
# 8 Exhibit 19- Filed Under Seal,
# 9 Exhibit 20- Filed Under Seal) (Modl, Michael) (Entered: 02/08/2013)
02/08/2013
118 Exhibit to 116 Declaration, filed by RBS Securities, Inc. REDACTED Exhibit 21Filed Under Seal (Attachments:
# 1 Exhibit 22- Filed Under Seal,
# 2 Exhibit 23- Filed Under Seal,
# 3 Exhibit 24- Filed Under Seal,
# 4 Exhibit 25- Filed Under Seal,
# 5 Exhibit 26- Filed Under Seal,
# 6 Exhibit 27- Filed Under Seal,
# 7 Exhibit 28- Filed Under Seal,
# 8 Exhibit 29- Filed Under Seal,
# 9 Exhibit 30- Filed Under Seal,
# 10 Exhibit 31- Filed Under Seal,
# 11 Exhibit 32- Manually Filed, via Disc,
# 12 Exhibit 33- Filed Under Seal) (Modl, Michael) (Entered: 02/08/2013)
02/08/2013
119 Exhibit to 116 Declaration, filed by RBS Securities, Inc. REDACTED Exhibit 34Filed Under Seal (Attachments:
# 1 Exhibit 35- Filed Under Seal,
# 2 Exhibit 36- Manually Filed, via Disc,
# 3 Exhibit 37- Filed Under Seal,
# 4 Exhibit 38- Filed Under Seal,
# 5 Exhibit 39- Filed Under Seal,
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# 6 Exhibit 40- Krueger Depo Ex 47,
# 7 Exhibit 41- Barclay's Report 03.02.2007,
# 8 Exhibit 42- Credit Suisse Report) (Modl, Michael) (Entered: 02/08/2013)
02/08/2013
120 Exhibit to 116 Declaration, filed by RBS Securities, Inc. REDACTED Exhibit 43Goldman Sachs Presentation (Attachments:
# 1 Exhibit 44- Mort Prods in Portfolio Mgt PRUSHARBS00000629,
# 2 Exhibit 45- Deutsche Asst Mgt Report,
# 3 Exhibit 46- CUNA Errata Sheet,
# 4 Exhibit 47- King to Horowitz 02.01.2013 Letter,
# 5 Exhibit 48- FHLB Seattle Complaint,
# 6 Exhibit 49- WSJ Article_Is Appraisal Skewing Home Values,
# 7 Exhibit 50- 07.16.2007 American Banker Article) (Modl, Michael) (Entered:
02/08/2013)
02/08/2013
121 Exhibit to 116 Declaration, filed by RBS Securities, Inc. Exhibit 51- Financial
Times Article "MBIA Sues Countrywide" (Attachments:
# 1 Exhibit 52- Credit Union Journal Article "CUNA Mutual Cuts 73 Staffers",
# 2 Exhibit 53- WSJ Article "Mortgage Suit Targets Street") (Modl, Michael)
(Entered: 02/08/2013)
02/08/2013
122 Exhibit to 116 Declaration, filed by RBS Securities, Inc. Exhibit 55- 2007 Fitch
Report (Attachments:
# 1 Exhibit 56- NGraham to DHorowitz 08.22.2012 Ltr) (Modl, Michael) (Entered:
02/08/2013)
02/08/2013
123 Exhibit to 116 Declaration, filed by RBS Securities, Inc. Exhibit 57- DHorowitz to
NGraham 08.30.2012 Ltr (Attachments:
# 1 Exhibit 58- JBhimani to NGraham 10.30.2012 Ltr,
# 2 Exhibit 59- TSpicer to JBhimani 11.14.2012 Ltr) (Modl, Michael) (Entered:
02/08/2013)
02/08/2013
124 Exhibit to 116 Declaration, filed by RBS Securities, Inc. Exhibit 54- Marks NAIC
Testimony (Horowitz, David) (Entered: 02/08/2013)
02/08/2013
125 Exhibit to 106 Declaration, filed by RBS Securities, Inc. Exhibit 54- Marks NAIC
Testimony (Sealed Document) (Horowitz, David) (Entered: 02/08/2013)
02/11/2013
126 Joint Motion for Extension of Time and for Briefing Schedule by Plaintiffs CUMIS
Insurance Society, CUNA Mutual Insurance Society, Members Life Insurance
Company, Defendant RBS Securities, Inc.. Motions referred to Magistrate Judge
Stephen L. Crocker. (Klenov, Michael) (Entered: 02/11/2013)
02/12/2013
127 ** TEXT ONLY ORDER **
ORDER granting 126 Joint Motion for Extension of Time. Brief in Opposition re:
100 Motion for Spoliation Sanctions due 3/1/2013. Brief in Reply due 3/15/2013.
Signed by Magistrate Judge Peter Oppeneer on 2/12/2013. (arw) (Entered:
02/12/2013)
02/27/2013
128 Motion to Admit Caitlin Sinclair Hall Pro Hac Vice. (Pro Hac Vice fee $50, receipt
number 0758-1133633) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
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Insurance Society, Members Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Hall, Caitlin) (Entered: 02/27/2013)
02/28/2013
129 Motion to Admit Jonathan Jeffrey Faria Pro Hac Vice. (Pro Hac Vice fee $50,
receipt number 0758-1134635) by Defendant RBS Securities, Inc. Motions referred
to Magistrate Judge Stephen L. Crocker. (Faria, Jonathan) (Entered: 02/28/2013)
02/28/2013
130 Motion to Admit Michelle Lynnea Mello Pro Hac Vice. (Pro Hac Vice fee $50,
receipt number 0758-1134653) by Defendant RBS Securities, Inc. Motions referred
to Magistrate Judge Stephen L. Crocker. (Mello, Michelle) (Entered: 02/28/2013)
02/28/2013
131 Motion to Admit Gavin C. P. Campbell Pro Hac Vice. (Pro Hac Vice fee $50,
receipt number 0758-1134658) by Defendant RBS Securities, Inc. Motions referred
to Magistrate Judge Stephen L. Crocker. (Campbell, Gavin) (Entered: 02/28/2013)
02/28/2013
132 Motion to Admit Kristin Elizabeth Rose Pro Hac Vice. (Pro Hac Vice fee $50,
receipt number 0758-1134695) by Defendant RBS Securities, Inc. Motions referred
to Magistrate Judge Stephen L. Crocker. (Rose, Kristin) (Entered: 02/28/2013)
03/01/2013
133 ** TEXT ONLY ORDER **
ORDER granting 128 Motion to Admit Caitlin Sinclair Hall Pro Hac Vice; granting
129 Motion to Admit Jonathan Jeffrey Faria Pro Hac Vice; granting 130 Motion to
Admit Michelle Lynnea Mello Pro Hac Vice; granting 131 Motion to Admit Gavin
C. P. Campbell Pro Hac Vice; granting 132 Motion to Admit Kristin Elizabeth Rose
Pro Hac Vice. Signed by Magistrate Judge Peter Oppeneer on 3/1/2013. (arw)
(Entered: 03/01/2013)
03/01/2013
134 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company re: 100 Motion for
Miscellaneous Relief filed by RBS Securities, Inc. (Sealed Document) (Attaway,
Scott) (Entered: 03/01/2013)
03/01/2013
135 Declaration of Mark Prusha filed by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company re: 100 Motion for
Miscellaneous Relief (Sealed Document) (Attaway, Scott) (Entered: 03/01/2013)
03/01/2013
136 Declaration of Kelli Frankenberg filed by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, Members Life Insurance Company re: 100
Motion for Miscellaneous Relief (Sealed Document) (Attachments:
# 1 Exhibit A - Creating the December 2010 2006 Archive Purge List,
# 2 Exhibit B - Certificate of Destruction,
# 3 Exhibit C - Business Requirements for Lotus Notes Purge) (Attaway, Scott)
Modified on 3/4/2013. (jaf) (Entered: 03/01/2013)
03/01/2013
137 Declaration of Teresa Drabenstadt filed by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, Members Life Insurance Company re: 100
Motion for Miscellaneous Relief (Sealed Document) (Attachments:
# 1 Exhibit A - Certificate of Destruction) (Attaway, Scott) Modified on 3/4/2013.
(jaf) (Entered: 03/01/2013)
03/01/2013
138 Deposition of Frank Skibo taken on February 21, 2013 (Sealed Document)
(Attaway, Scott) (Entered: 03/01/2013)
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139 Deposition of Brian Farrell taken on January 7, 2013 (Sealed Document) (Attaway,
Scott) (Entered: 03/01/2013)
03/01/2013
140 Deposition of Francis Camacho taken on January 28, 2013 (Sealed Document)
(Attaway, Scott) (Entered: 03/01/2013)
03/01/2013
141 Deposition of Eric Leinwand taken on December 19, 2012 (Sealed Document)
(Attaway, Scott) (Entered: 03/01/2013)
03/01/2013
142 Declaration of Michael Klenov filed by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company re: 100 Motion for
Miscellaneous Relief (Sealed Document) (Attachments:
# 1 Exhibit 01 - Deposition of Frank Skibo,
# 2 Exhibit 02 - RBS Greenwich Capital Credit Procedures Manual,
# 3 Exhibit 03 - Deposition of Brian Farrell,
# 4 Exhibit 04 - Deposition of Francis Camacho,
# 5 Exhibit 05 - Deposition of Eric Leinwand,
# 6 Exhibit 06 - Email from M Carothers to M Prusha,
# 7 Exhibit 07 - Email from M Carothers,
# 8 Exhibit 08 - Email from M Carothers to M Prusha,
# 9 Exhibit 09 - RBS Policies and Procedures Manual,
# 10 Exhibit 10 - Soundview Home Loan Trust 2005-B Prospectus) (Attaway, Scott)
(Entered: 03/01/2013)
03/01/2013
143 Exhibit 11 to 142 Declaration filed by Members Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society 8/22/2012 Letter from Nicole
Graham (Sealed Document) (Attachments:
# 1 Exhibit 12 - Letter from T. Spicer to J. Bhimani,
# 2 Exhibit 13 - Email Chain Between T. Spicer and J. Bhimani) (Attaway, Scott)
Modified on 3/4/2013. (jaf) (Entered: 03/01/2013)
03/01/2013
144 Exhibit 14 Part 1 to 142 Declaration filed by Members Life Insurance Company,
CUNA Mutual Insurance Society, CUMIS Insurance Society Deal File (Sealed
Document) (Attaway, Scott) Modified on 3/4/2013 (jaf). (Entered: 03/01/2013)
03/01/2013
145 Exhibit 14 Part 2 to 142 Declaration filed by Members Life Insurance Company,
CUNA Mutual Insurance Society, CUMIS Insurance Society Deal File (Sealed
Document) (Attaway, Scott) Modified on 3/4/2013 (jaf). (Entered: 03/01/2013)
03/01/2013
146 Exhibit 14 Part 3 to 142 Declaration filed by Members Life Insurance Company,
CUNA Mutual Insurance Society, CUMIS Insurance Society Deal File (Sealed
Document) (Attaway, Scott) Modified on 3/4/2013 (jaf). (Entered: 03/01/2013)
03/01/2013
147 Exhibit 14 Part 4 to 142 Declaration filed by Members Life Insurance Company,
CUNA Mutual Insurance Society, CUMIS Insurance Society Deal File (Sealed
Document) (Attaway, Scott) Modified on 3/4/2013 (jaf). (Entered: 03/01/2013)
03/01/2013
148 Exhibit 14 Part 5 to 142 Declaration filed by Members Life Insurance Company,
CUNA Mutual Insurance Society, CUMIS Insurance Society Deal File (Sealed
Document) (Attaway, Scott) Modified on 3/4/2013 (jaf). (Entered: 03/01/2013)
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149 Exhibit 15 to 142 Declaration filed by Members Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society M Prusha Handwritten
Samples From Deal Files (Sealed Document) (Attaway, Scott) Modified on
3/4/2013 (jaf). (Entered: 03/01/2013)
03/01/2013
150 Exhibit 16 to 142 Declaration filed by Members Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society E-mails and Messages from
Deal Files (Sealed Document) (Attachments:
# 1 Exhibit Exhibit 17 - Internal CUNA Mutual Email,
# 2 Exhibit Exhibit 18 - Checklist,
# 3 Exhibit Exhibit 19 - Termination Checklist,
# 4 Exhibit Exhibit 20 - Exhibit 38 to Krueger & Knapp Depo,
# 5 Exhibit 21 - Letter from R King to D Horowitz,
# 6 Exhibit 22 - RBS Notes Control Failings WSJ Article,
# 7 Exhibit 23 - Dec Email from M Carothers to M Prusha,
# 8 Exhibit 24 - Feb Email from M Carothers to M Prusha,
# 9 Exhibit 25 - Five Emails from M Carothers to M Prusha,
# 10 Exhibit 26 - Email from M Carothers to M Warmuth,
# 11 Exhibit 27 - Email from K Zegar to M Prusha,
# 12 Exhibit 28 - Email from M Prusha to M Carothers and Response,
# 13 Exhibit 29 - Exhibit 16 to M Prusha Depo,
# 14 Exhibit 30 - Deal File with Prusha Handwritten Notes) (Attaway, Scott)
Modified on 3/4/2013 (jaf). (Entered: 03/01/2013)
03/01/2013
151 Exhibit 31 to 142 Declaration filed by Members Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society Excerpt of Deal File (Sealed
Document) (Attachments:
# 1 Exhibit Exhibit 32 - Records Managment Policies & Procedures,
# 2 Exhibit Exhibit 33 - Sept Letter from J Bhimani to N Graham,
# 3 Exhibit Exhibit 34 - Oct Letter from J Bhimani to N Graham,
# 4 Exhibit Exhibit 35 - Oct Letter from N Graham to J Bhimani,
# 5 Exhibit Exhibit 36 - Daily Trade Recap from J Drive,
# 6 Exhibit Exhibit 37 - Email from RBS,
# 7 Exhibit Exhibit 38 - Presentation by CUNA Mutual Investment Advisor)
(Attaway, Scott) Modified on 3/4/2013 (jaf). (Entered: 03/01/2013)
03/01/2013
152 Exhibit 39 to 142 Declaration filed by Members Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society CUNARBS000145558
Production (Sealed Document) (Attachments:
# 1 Exhibit Exhibit 40 - HSBC Global Research Report) (Attaway, Scott) Modified
on 3/4/2013 (jaf). (Entered: 03/01/2013)
03/01/2013
153 Exhibit 41 to 142 Declaration filed by Members Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society 8/15/07 Memorandum (Sealed
Document) (Attachments:
# 1 Exhibit 42 - Bloomberg Message to M Prusha,
# 2 Exhibit 43 - Investment Policy 12-05,
# 3 Exhibit 44 - Investment Allocations & Policies 12-04,
# 4 Exhibit 45 - Bloomberg Message from M Prusha,
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# 5 Exhibit 46 - Bloomberg Message Including M Prusha,
# 6 Exhibit 47 - Deal File for Bank of America Alt Loan Trust,
# 7 Exhibit 48 - Bloomberg Message Including M Prusha,
# 8 Exhibit 49 - S&P RatingsDirect Report,
# 9 Exhibit 50 - RBS Bloomberg Message,
# 10 Exhibit 51 - Jan Bank of America Securities Email Alert,
# 11 Exhibit 52 - Feb Bank of America Securities Email Alert,
# 12 Exhibit 53 - Apr Bank of America Securities Email Alert,
# 13 Exhibit 54 - CREDITSIGHTS Email Alert,
# 14 Exhibit 55 - Lehman Brothers MBS & ABS US Outlook) (Attaway, Scott)
Modified on 3/4/2013 (jaf). (Entered: 03/01/2013)
03/01/2013
154 Exhibit 56 to 142 Declaration,,, filed by Members Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society 3/31/06 E-Mail (Sealed
Document) (Attachments:
# 1 Exhibit 57 - Bloomberg Report on US Govt Bond Weekly,
# 2 Exhibit 58 - Intexnet Analytics Report for Bear Stearns,
# 3 Exhibit 59 - Table of CUNA Production in Response to RBS Doc Requests re
Materiality & Justifiable Reliance,
# 4 Exhibit 60 - Table of ESI Available for CUNA Mutual Custodians,
# 5 Exhibit 61 - Confidential Third Party Affidavit,
# 6 Exhibit 62 - New Jersey Carpenters Health Fund v. Royal Bank of Scotland
Decision) (Attaway, Scott) Modified on 3/4/2013 (jaf). (Entered: 03/01/2013)
03/01/2013
155 Redacted Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company re: 100 Motion for
Miscellaneous Relief filed by RBS Securities, Inc. (Attaway, Scott) Modified on
3/4/2013 (jaf). (Entered: 03/01/2013)
03/01/2013
156 Redacted Declaration of Mark Prusha filed by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, Members Life Insurance Company re: 100
Motion for Miscellaneous Relief (Attaway, Scott) Modified on 3/4/2013 (jaf).
(Entered: 03/01/2013)
03/01/2013
157 Redacted Declaration of Kelli Frankenberg filed by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, Members Life Insurance Company re:
100 Motion for Miscellaneous Relief (Attachments:
# 1 Exhibit A - Creating the December 2010 2006 Archive Purge List,
# 2 Exhibit B - Certificate of Destruction,
# 3 Exhibit C - Business Requirements for Lotus Notes Purge) (Attaway, Scott)
Modified on 3/4/2013 (jaf). (Entered: 03/01/2013)
03/01/2013
158 Redacted Declaration of Teresa Drabenstadt filed by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, Members Life Insurance Company re:
100 Motion for Miscellaneous Relief Attachments:
# 1 Exhibit A - Certificate of Destruction) (Attaway, Scott) Modified on 3/4/2013
(jaf). (Entered: 03/01/2013)
03/01/2013
159 Redacted Declaration of Michael Klenov filed by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, Members Life Insurance Company re:
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100 Motion for Miscellaneous Relief (Attachments:
# 1 Exhibit 1-9,
# 2 Exhibit 10 - Soundview Home Loan Trust 2005-B Prospectus,
# 3 Exhibit 11 - Letter from N Graham to D Horowitz,
# 4 Exhibit 12 - Letter from T Spicer to J Bhimani,
# 5 Exhibit 13 - Email Chain Between T Spicer and J Bhimani,
# 6 Exhibit 14-20,
# 7 Exhibit 21 - Letter from R King to D Horowitz,
# 8 Exhibit 22 - RBS Notes Control Failings WSJ Article,
# 9 Exhibit 23-32,
# 10 Exhibit 33 - Sept Letter from J Bhimani to N Graham,
# 11 Exhibit 34 - Oct Letter from J Bhimani to N Graham,
# 12 Exhibit 35 - Oct Letter from N Graham to J Bhimani,
# 13 Exhibit 36-59,
# 14 Exhibit 60 - Table of ESI Available for CUNA Mutual Custodians,
# 15 Exhibit 61 - Confidential Third Party Affidavit,
# 16 Exhibit 62 - New Jersey Carpenters v. Royal Bank of Scotland Decision)
(Attaway, Scott) Modified on 3/4/2013 (jaf). Modified on 3/4/2013 (rep). (Entered:
03/01/2013)
03/08/2013
160 Motion to Withdraw as Attorney Saritha K. Tice by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, Members Life Insurance Company.
Response due 3/15/2013. (Attachments:
# 1 Text of Proposed Order Proposed Order) (Attaway, Scott) (Entered: 03/08/2013)
03/08/2013
161 Notice of Supplemental Authority by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company re 32 MOTION TO
DISMISS First Amended ComplaintMotion to Strike Amended Complaint Jury
Demand Pursuant to Fed. R. Civ. P. 12(b)(6) and 12(f). (Attachments:
# 1 Exhibit NJ Carpenters Health Fund v. Royal Bank of Scotland Group Opinion)
(Attaway, Scott) Modified on 3/11/2013 (jaf). (Entered: 03/08/2013)
03/08/2013
162 ** TEXT ONLY ORDER **
ORDER granting 160 Motion to Withdraw by Attorney Saritha K. Tice as counsel
for Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance Society, Members
Life Insurance Company. Signed by Magistrate Judge Stephen L. Crocker on
3/8/2013. (arw) Modified on 3/19/2013 (llj). (Entered: 03/08/2013)
03/15/2013
163 Brief in Reply in Support of 100 Motion for Miscellaneous Relief Motion for
Spoliation Sanctions by Defendant RBS Securities, Inc. (Sealed Document) (Pilmer,
Robert) Modified on 3/18/2013. (arw) (Entered: 03/15/2013)
03/15/2013
164 Declaration of David Horowitz filed by Defendant RBS Securities, Inc. re: 100
Motion for Miscellaneous Relief (Sealed Document) (Attachments:
# 1 Exhibit 1 - CUNARBS000348272 "Deal File" for HVMLT 2005-15,
# 2 Exhibit 2 - CUNARBS000348708 "Deal File" for RBSGC-2005A,
# 3 Exhibit 3 - CUNARBS000859570 11/22/2006 E-mail from J. Cook,
# 4 Exhibit 4 - CUNARBS000871026 10/16/2006 E-mail from J. Cook,
# 5 Exhibit 5 - CUNARBS000885409 10/30/2006 E-mail from J. Cook,
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# 6 Exhibit 6 - CUNARBS000902265 9/7/2006 E-mail to D. Voge,
# 7 Exhibit 7 - CUNARBS000908742 7/3/2006 E-mail from M. Prusha,
# 8 Exhibit 8 - CUNARBS000917059 5/23/2006 E-mail from J. Mraz,
# 9 Exhibit 9 - CUNARBS001267301 10/13/2008 E-mail from B. Borakove,
# 10 Exhibit 10 - CUNARBS001268245 4/29/2008 E-mail from B. Borakove,
# 11 Exhibit 11 - CUNARBS001268362 8/28/2008 E-mail from A. Aragus,
# 12 Exhibit 12 - CUNARBS001268370 8/20/2008 E-mail from B. Borakove)
(Pilmer, Robert) (Entered: 03/15/2013)
03/15/2013
165 Exhibit to 164 Declaration of David Horowitz filed by RBS Securities, Inc. Exhibit
13 - CUNARBS001268384 10/21/2008 E-mail from B. Borakove (Sealed Document)
(Attachments:
# 1 Exhibit 14 - CUNARBS001268572 5/23/2008 E-mail from B. Borakove,
# 2 Exhibit 15 - CUNARBS001268620 3/7/2008 E-mail from B. Borakove,
# 3 Exhibit 16 - CUNARBS001269186 6/4/2008 E-mail from B. Borakove,
# 4 Exhibit 17 - CUNARBS001269198 10/12/2008 E-mail from S. Borakove,
# 5 Exhibit 18 - CUNARBS001269290 11/25/2008 E-mail from B. Borakove,
# 6 Exhibit 19 - CUNARBS001269944 11/26/2008 E-mail from B. Borakove,
# 7 Exhibit 20 - CUNARBS001494613 10/7/2005 E-mail from M. Prusha,
# 8 Exhibit 21 - CUNARBS 001496796 3/11/2005 E-mail to M. Prusha,
# 9 Exhibit 22 - 10/1/2012 CUNA Mutual Press Release,
# 10 Exhibit 23 - Article from ARMA International website) (Pilmer, Robert)
(Entered: 03/15/2013)
03/15/2013
166 Redacted Brief in Support of 100 Motion for Miscellaneous Relief (Motion for
Spoliation Sanctions) by Defendant RBS Securities, Inc. (Pilmer, Robert) Modified
on 3/18/2013 (jaf). (Entered: 03/15/2013)
03/15/2013
167 Redacted Declaration of David Horowitz filed by Defendant RBS Securities, Inc. re:
100 Motion for Miscellaneous Relief. (Attachments:
# 1 Exhibits 1-21, Filed Under Seal,
# 2 Exhibit 22, 10/1/2012 CUNA Mutual Press Release,
# 3 Exhibit 23, Article from ARMA International website) (Pilmer, Robert)
Modified on 3/18/2013 . (jaf) (Entered: 03/15/2013)
03/20/2013
168 Notice of Supplemental Authority by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company re 134 Brief in
Opposition. (Attachments:
# 1 Exhibit A - Bracey v Grondin) (Attaway, Scott) (Entered: 03/20/2013)
03/28/2013
169 Response to 168 Notice of Supplemental Authority by Defendant RBS Securities,
Inc. (Pilmer, Robert) Modified on 3/29/2013 (krj). (Entered: 03/28/2013)
04/09/2013
170 Motion for Sanctions Pursuant to Fed. R. Civ. P. 26(g)(3) by Defendant RBS
Securities, Inc. (Pilmer, Robert) (Entered: 04/09/2013)
04/09/2013
171 Brief in Support of 170 Motion for Sanctions Pursuant to Fed. R. Civ. P. 26(g)(3) by
Defendant RBS Securities, Inc. (Sealed Document) (Attachments:
# 1 Appendix A - Relevant Offerings,
# 2 Appendix B - False Statements) (Pilmer, Robert) Modified on 4/10/2013 (jaf).
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(Entered: 04/09/2013)
04/09/2013
172 Declaration of David Horowitz filed by Defendant RBS Securities, Inc. re: 170
Motion for Sanctions (Sealed Document) (Attachments:
# 1 Exhibit 01 RBS Custodians List,
# 2 Exhibit 02 Search Terms,
# 3 Exhibit 03 RAMC 2005-4 Prelim Pros. Supp.,
# 4 Exhibit 04 RBS Rog 8,
# 5 Exhibit 05 CUNA Initial Resp to Rog 8,
# 6 Exhibit 06 CUNA Am Resp to Rog 8,
# 7 Exhibit 07 CUNA 3rd Am Resp to Rog 8,
# 8 Exhibit 08 CUNA 4th Am Resp to Rog 8,
# 9 Exhibit 09 RBS Rog 20,
# 10 Exhibit 10 CUNA Resp to Rog 20,
# 11 Exhibit 11 Pros Supp AMSI 2004-FR1,
# 12 Exhibit 12 Pros Supp RAMC 2004-4,
# 13 Exhibit 13 Pros Supp SVHE 2005-B,
# 14 Exhibit 14 Pros Supp MMLT 2005-3,
# 15 Exhibit 15 Pros Supp SVHE 2005-OPT4,
# 16 Exhibit 16 Pros Supp RAMC 2005-4,
# 17 Exhibit 17 AMSI 2004-FR1 EDGAR Search,
# 18 Exhibit 18 RAMC 2004 4 EDGAR Search Results,
# 19 Exhibit 19 SVHE 2005 B EDGAR Search Results,
# 20 Exhibit 20 MMLT 2005-3 EDGAR Search Results,
# 21 Exhibit 21 SVHE 2005 OPT 4 EDGAR Search Results,
# 22 Exhibit 22 RAMC 2005 4 EDGAR Search Results) (Pilmer, Robert) (Entered:
04/09/2013)
04/09/2013
173 Exhibit to 172 Declaration of David Horowitz, filed by RBS Securities, Inc. Ex. 23 CUNARBS000348201-71 AMSI-FR1 Deal File (Sealed Document) (Attachments:
# 1 Exhibit 24-Part 1 CUNARBS000348780-929 RAMC 2004-4 Deal File,
# 2 Exhibit 24-Part 2 CUNARBS000348930-99 RAMC 2004-4 Deal File,
# 3 Exhibit 24-Part 3 CUNARBS000349000-71 RAMC 2004-4 Deal File,
# 4 Exhibit 25-Part 1 CUNARBS000349853-952 SVHE 2005 Deal File,
# 5 Exhibit 25-Part 2 CUNARBS000349953-350052 SVHE 2005 Deal File,
# 6 Exhibit 25-Part 3 CUNARBS000350053-152 SVHE 2005 Deal File,
# 7 Exhibit 25-Part 4 CUNARBS000350153-212 SVHE 2005 Deal File,
# 8 Exhibit 25-Part 5 CUNARBS000350213-273 SVHE 2005 Deal File,
# 9 Exhibit 26-Part 1 CUNARBS000348314-413 MMLT 2005-3 Deal File,
# 10 Exhibit 26-Part 2 CUNARBS000348414-513 MMLT 2005-3 Deal File,
# 11 Exhibit 26-Part 3 CUNARBS000348514-613 MMLT 2005-3 Deal File,
# 12 Exhibit 26-Part 4 CUNARBS000348614-707 MMLT 2005-3 Deal File)
(Pilmer, Robert) (Entered: 04/09/2013)
04/09/2013
174 Exhibit to 172 Declaration of David Horowitz, filed by RBS Securities, Inc. Ex.
27-Part 1 CUNARBS000349471-570 SVHE 2005-OPT4 Deal File (Sealed
Document) (Attachments:
# 1 Exhibit 27-Part 2 CUNARBS000349571-670 SVHE 2005-OPT4 Deal File,
# 2 Exhibit 27-Part 3 CUNARBS000349671-755 SVHE 2005-OPT4 Deal File,
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# 3 Exhibit 27-Part 4 CUNARBS000349756-805 SVHE 2005-OPT4 Deal File,
# 4 Exhibit 27-Part 5 CUNARBS000349806-52 SVHE 2005-OPT4 Deal File,
# 5 Exhibit 28-Part 1 CUNARBS000349072-250 RAMC 2005-4 Deal File,
# 6 Exhibit 28-Part 2 CUNARBS000349251-369 RAMC 2005-4 Deal File,
# 7 Exhibit 29 CUNARBS000348272-313 HVMLT 2005-15 Deal File,
# 8 Exhibit 30 CUNARBS000349370-432 RALI 2006-QS3 Deal File,
# 9 Exhibit 31 CUNARBS000348708-49 RBSGC 2005-A Deal File,
# 10 Exhibit 32 CUNARBS000348750-79 RBSCG 2007-A Deal File,
# 11 Exhibit 33 CUNARBS000403230-35 CUNA Structured Securities Investment
Process,
# 12 Exhibit 34 Prusha Vol. 2 03/20/2013 Transcript (Filed as a Separate Docket
Entry),
# 13 Exhibit 35 Prusha Vol. 3 03/21/2013 Transcript (Filed as a Separate Docket
Entry)) (Pilmer, Robert) (Entered: 04/09/2013)
04/09/2013
175 Disregard. See docket entry 178 . Requested attorney refile as deposition transcript
on 4/10/2013 (jaf). Modified on 4/11/2013 (jaf). (Entered: 04/09/2013)
04/09/2013
176 Disregard. See docket entry 179 . Requested attorney refile as deposition transcript
on 4/10/2013 (jaf). Modified on 4/11/2013 (jaf). (Entered: 04/09/2013)
04/09/2013
177 Redacted Declaration of David Horowitz filed by Defendant RBS Securities, Inc. re:
170 Motion for Sanctions (Attachments:
# 1 Exhibit 01 and 02 Filed Under Seal,
# 2 Exhibit 03 RAMC 2005-4 Prelim Pros. Supp.,
# 3 Exhibit 04 RBS Rog 8,
# 4 Exhibit 05 CUNA Initial Resp to Rog 8,
# 5 Exhibit 06 CUNA Am Resp to Rog 8,
# 6 Exhibit 07 CUNA 3rd Am Resp to Rog 8,
# 7 Exhibit 08 CUNA 4th Am Resp to Rog 8,
# 8 Exhibit 09 RBS Rog 20,
# 9 Exhibit 10 CUNA Resp to Rog 20,
# 10 Exhibit 11 Pros Supp AMSI 2004-FR1,
# 11 Exhibit 12 Pros Supp RAMC 2004-4,
# 12 Exhibit 13 Pros Supp SVHE 2005-B,
# 13 Exhibit 14 Pros Supp MMLT 2005-3,
# 14 Exhibit 15 Pros Supp SVHE 2005-OPT4,
# 15 Exhibit 16 Pros Supp RAMC 2005-4,
# 16 Exhibit 17 AMSI 2004-FR1 EDGAR Search,
# 17 Exhibit 18 RAMC 2004 4 EDGAR Search Results,
# 18 Exhibit 19 SVHE 2005 B EDGAR Search Results,
# 19 Exhibit 20 MMLT 2005-3 EDGAR Search Results,
# 20 Exhibit 21 SVHE 2005 OPT 4 EDGAR Search Results,
# 21 Exhibit 22 RAMC 2005 4 EDGAR Search Results,
# 22 Exhibit 23 - 35 Filed Under Seal) (Pilmer, Robert) (Entered: 04/10/2013)
04/10/2013
178 Deposition of Mark Prusha taken on March 20, 2013 (Volume 2) (Sealed Document)
(Pilmer, Robert) (Entered: 04/10/2013)
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04/10/2013
179 Deposition of Mark Prusha taken on March 21, 2013 (Volume 3) (Sealed Document)
(Pilmer, Robert) (Entered: 04/10/2013)
04/11/2013
Set Briefing Deadlines re: 170 Motion for Sanctions Pursuant to Fed. R. Civ. P.
26(g)(3) by Defendant RBS Securities, Inc. Response due 4/16/2013. (arw/slc)
(Entered: 04/11/2013)
04/12/2013
180 Motion to Amend 29 Amended Complaint by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, Members Life Insurance Company. Brief in
Opposition due 4/19/2013. Brief in Reply due 4/26/2013. (Klenov, Michael)
(Entered: 04/12/2013)
04/12/2013
181 Brief in Support of 180 Motion to Amend Complaint by Plaintiffs CUMIS
Insurance Society, CUNA Mutual Insurance Society, Members Life Insurance
Company (Sealed Document) (Attachments:
# 1 Proposed Amended Complaint) (Klenov, Michael) (Entered: 04/12/2013)
04/12/2013
182 Motion to Set Different Time for Answer re: 180 Motion to Amend 29 Amended
Complaint by Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance
Society, Members Life Insurance Company. Response due 4/19/2013. (Klenov,
Michael) (Entered: 04/12/2013)
04/16/2013
Set Status/Scheduling Conference: Telephone Scheduling Conference set for
4/19/2013 at 1:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for
Plaintiff responsible for setting up the call to chambers at (608) 264-5153. (arw)
(Entered: 04/16/2013)
04/16/2013
183 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company re: 170 Motion for Sanctions
filed by RBS Securities, Inc. (Sealed Document) (Attachments:
# 1 Exhibit 10.15.12 Klenov Letter to Bhimani,
# 2 Exhibit 11.2.12 Horowitz Email to Klenov,
# 3 Exhibit 4.1.13 Horowitz Letter to Lautenschlager,
# 4 Exhibit 4.9.13 Gutzler Letter to Horowitz,
# 5 Exhibit 3.30.13 Horowitz Email to Klenov,
# 6 Exhibit Asset-Backed Finance Manual) (Klenov, Michael) (Entered:
04/16/2013)
04/18/2013
184 Redacted Document re: 183 Brief in Opposition by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, Members Life Insurance Company re:
170 Motion for Sanctions filed by RBS Securities, Inc. (Attachments:
# 1 Exhibit Klenov letter to Bhimani,
# 2 Exhibit Horowitz email to Klenov,
# 3 Exhibit Horowitz letter to Lautenschlager,
# 4 Exhibit Gutzler letter to Horowitz) (Klenov, Michael) Modified on 4/18/2013
(jaf). (Entered: 04/18/2013)
04/19/2013
185 Brief in Opposition by Defendant RBS Securities, Inc. re: 180 Motion to Amend
Complaint filed by Members Life Insurance Company, CUNA Mutual Insurance
Society, CUMIS Insurance Society (Sealed Document) (Pilmer, Robert) (Entered:
04/19/2013)
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04/19/2013
186 Declaration of David Horowitz filed by Defendant RBS Securities, Inc. re: 180
Motion to Amend Complaint (Sealed Document) (Attachments:
# 1 Exhibit 1 - MKlenov to DHorowitz 03.15.13 Ltr,
# 2 Exhibit 2 - Redline - Proposed SAC to FAC,
# 3 Exhibit 3 - Redline - SAC to FAC,
# 4 Exhibit 4 - Redline - SAC to Proposed SAC,
# 5 Exhibit 5 - Rough Transcript - Jack Call (FILED AS SEPARATE DOCKET
ENTRY),
# 6 Exhibit 6 - JBhimani to Klenov 02.04.13 Ltr,
# 7 Exhibit 7 - MKlenov to DHorowitz 03.22.13 Email,
# 8 Exhibit 8 - JDoty Affidavit,
# 9 Exhibit 9 - RBSGC 2007-A Prosupp,
# 10 Exhibit 10 - HVMLT 2005-15 Prosupp,
# 11 Exhibit 11 - TSpicer to JBhimani 01.18.13 Ltr) (Pilmer, Robert) (Entered:
04/19/2013)
04/19/2013
187 Deposition of Jack Call taken on April 10, 2013 (Rough) (Sealed Document)
(Pilmer, Robert) (Entered: 04/19/2013)
04/19/2013
188 Disregard. See docket entry 189 . Disregarded per request from attorney's office on
4/19/2013 (jaf). (Entered: 04/19/2013)
04/19/2013
189 Redacted Document re: 186 Declaration of David Horowitz filed by Defendant RBS
Securities, Inc. re: 180 Motion to Amend Complaint (Attachments:
# 1 Exhibit 1 through 5 - Filed Under Seal,
# 2 Exhibit 6 - JBhimani to Klenov 02.04.13 Ltr,
# 3 Exhibit 7 - MKlenov to DHorowitz 03.22.13 Email,
# 4 Exhibit 8 - JDoty Affidavit,
# 5 Exhibit 9 - RBSGC 2007-A Prosupp,
# 6 Exhibit 10 - HVMLT 2005-15 Prosupp,
# 7 Exhibit 11 - TSpicer to JBhimani 01.18.13 Ltr) (Pilmer, Robert) Modified on
4/19/2013 (jaf). (Entered: 04/19/2013)
04/19/2013
190 Brief in Opposition by Defendant RBS Securities, Inc. re: 182 Motion for
Miscellaneous Relief filed by Members Life Insurance Company, CUNA Mutual
Insurance Society, CUMIS Insurance Society (Sealed Document) (Pilmer, Robert)
(Entered: 04/19/2013)
04/19/2013
04/19/2013
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Scheduling Conference held on 4/19/2013 [:25] (cak) (Entered:
04/19/2013)
191 ** TEXT ONLY ORDER **
At an April 19, 2013 telephonic hearing, the court advised the parties that the
presiding judge will decide plaintiff's motions for leave to file a second amended
complaint 180 and to set a different time for defendant to file its responsive pleading
182 in conjunction with the court's ruling on defendant's pending motion to dismiss
the first amended complaint 32 and two pending motions for sanctions 100 and 170
. The December 2, 2013 trial date remains in place at this time, but if the court has
not ruled on the pending motions by May 15, 2013, the court sua sponte will strike
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the June 3, 2013 deadline to file summary judgment motions. The parties remain
free to change the expert disclosure deadlines as they see fit or to seek from the
court other changes to the schedule. Signed by Magistrate Judge Stephen L. Crocker
on 4/19/2013. (arw) (Entered: 04/19/2013)
04/19/2013
192 Redaction to 171 Brief in Support, of RBS Securities Inc.'s Motion for Sanctions
Pursuant to Fed. R. Civ. P. 26(g)(3) by Defendant RBS Securities, Inc. (Pilmer,
Robert) (Entered: 04/19/2013)
04/19/2013
193 Redaction to 185 Brief in Opposition, to CUNA Mutual's Motion for Leave to
Amend by Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered: 04/19/2013)
04/19/2013
194 Redaction to 190 Brief in Opposition, to CUNA's Motion to Set Different Time to
File Responsive Pleading to Second Amended Complaint by Defendant RBS
Securities, Inc. (Pilmer, Robert) (Entered: 04/19/2013)
04/23/2013
195 Motion for Extension of Time to File Reply by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, Members Life Insurance Company. Motions
referred to Magistrate Judge Stephen L. Crocker. Response due 4/30/2013. (Klenov,
Michael) (Entered: 04/23/2013)
04/23/2013
196 ** TEXT ONLY ORDER **
ORDER granting 195 Motion for Extension of Time to File Reply in Support of 180
Motion for Leave to Amend Complaint. Brief in Reply due 5/3/2013. Signed by
Magistrate Judge Stephen L. Crocker on 4/23/2013. (arw) (Entered: 04/23/2013)
05/03/2013
197 Brief in Reply by Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance
Society, Members Life Insurance Company in Support of 180 Motion to Amend
Complaint (Sealed Document) (Attachments:
# 1 Exhibit SVHE 2005-B Form of ProSupp,
# 2 Exhibit Whole Loan Due Diligence Presentation,
# 3 RBS Offer to Drop Credit Rating) (Klenov, Michael) (Entered: 05/03/2013)
05/06/2013
198 Exhibit to 197 Brief in Reply, filed by Members Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society Appendix and Exhibit
(Standard Offering Document Language re Underwriting-Guideline Compliance)
(Attachments:
# 1 Exhibit Exhibit 4 (Excerpts of Standard Offering Document Language re
Underwriting-Guideline Compliance)) (Klenov, Michael) (Entered: 05/06/2013)
05/06/2013
199 Redacted Document re: 197 Brief in Reply by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, Members Life Insurance Company in Support of
180 Motion to Amend Complaint (Attachments:
# 1 Exhibit Redacted Exhibit 1 (SVHE 2005-B Form of ProSupp),
# 2 Exhibit Redacted Exhibit 4 (Excerpts of Standard Offering Document Language
re Underwriting Guideline Compliance)) (Klenov, Michael) Modified on 5/7/2013
(jaf). (Entered: 05/06/2013)
05/08/2013
200 Transcript of Telephonic Hearing, held 4/19/2013 before Magistrate Judge Stephen
L. Crocker. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
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Transcript Instructions and Notice of Intent to Request Redaction. (arw) (Entered:
05/08/2013)
05/23/2013
201 Motion to Vacate 191 Text Only Order the Deadline for Filing Dispositive Motions,
Motion for Extension of Time re: Deadline to Serve Expert Rebuttal Disclosures
and Reports, filed by Defendant RBS Securities, Inc. Motions referred to Magistrate
Judge Stephen L. Crocker. Response due 5/30/2013. (Pilmer, Robert) (Entered:
05/23/2013)
05/24/2013
202 ** TEXT ONLY ORDER **
Pursuant to this court's April 19, 2013 text only order, the deadline to file summary
judgment motions is STRICKEN. Because CUNA will not agree to RBS's request to
postpone expert disclosures, the court will wait to rule on this request until CUNA
has filed its opposition. Signed by Magistrate Judge Stephen L. Crocker on
5/24/2013. (arw) (Entered: 05/24/2013)
05/24/2013
203 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company re: 201 Motion to Vacate,
MOTION for Extension of Time,, filed by RBS Securities, Inc. (Attachments:
# 1 Exhibit A February 4, 2013 Letter RE Modified Deadlines,
# 2 Exhibit B March 22 2013 Email between Klenov and Horowitz,
# 3 Exhibit C April 19 2013 Email Between Gutzler and Pilmer,
# 4 Exhibit May 17 2013 Email from Milosavljevic to Klenov,
# 5 Exhibit E April 19 2013 Hearing Transcript Excerpts,
# 6 Exhibit F August 23 2012 Email) (Klenov, Michael) (Entered: 05/24/2013)
05/28/2013
204 Motion for Hearing re 201 Motion to Vacate 191 Text Only Order the Deadline for
Filing Dispositive Motions, Motion for Extension of Time re: Deadline to Serve
Expert Rebuttal Disclosures and Reports Motion for Extension of Time re Deadline
to Serve Expert Rebuttal Disclosures and Reports by Defendant RBS Securities,
Inc.. Response due 6/4/2013. (Pilmer, Robert) (Entered: 05/28/2013)
05/28/2013
205 ** TEXT ONLY ORDER **
Defendant's request for a status conference 204 is GRANTED. The agenda will
include defendant's motion to postpone expert disclosure and calendaring in general.
Telephone Status Conference set for 6/3/2013 at 1:00 PM before Magistrate Judge
Stephen L. Crocker. Counsel for Defendant responsible for setting up the call to
chambers at (608) 264-5153. Signed by Magistrate Judge Stephen L. Crocker on
5/28/2013. (arw) (Entered: 05/28/2013)
05/29/2013
206 Motion to Admit John Charles Craig Pro Hac Vice. (Pro Hac Vice fee $50, receipt
number 0758-1183166) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Craig, John) (Entered: 05/29/2013)
05/29/2013
207 Motion to Strike and to Exclude Expert Testimony from Corelogic for Failure to
Complay with Fed. R. Civ. P. 26 by Defendant RBS Securities, Inc. Response due
6/5/2013. (Attachments:
# 1 Text of Proposed Order) (Modl, Michael) (Entered: 05/29/2013)
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05/29/2013
208 Brief in Support of 207 Motion to Strike and to Exclude Expert Testimony from
Corelogic for Failure to Complay with Fed. R. Civ. P. 26 by Defendant RBS
Securities, Inc. (Sealed Document) (Modl, Michael) (Entered: 05/29/2013)
05/29/2013
209 Declaration of Derek M. Milosavljevic filed by Defendant RBS Securities, Inc.
Motion to Strike and to Exclude Expert Testimony from Corelogic for Failure to
Complay with Fed. R. Civ. P. 26 re: 207 Motion to Strike (Attachments:
# 1 Exhibit A - Deposition Transcript of Jacqueline Doty (filed under seal as
separate entry),
# 2 Exhibit B - CUNA's Responses to RBS Second Set of Interrogatories,
# 3 Exhibit C - Ex. 1 to CUNA's Responses to RBS Second Set of Interrogatories,
# 4 Exhibit D - Expert Report of Charles D. Cowan (filed under seal separately),
# 5 Exhibit E - CUNA's Rule 26(a)(2)(C) Expert Disclosures,
# 6 Exhibit F - May 8, 2012 letter from Michael Klenov to Counsel for RBS Jay
Bhimani,
# 7 Exhibit G - October 16, 2012 letter from Michael Klenov to Jay Bhimani,
# 8 Exhibit H - April 17, 2013 e-mail from Michael Klenov to Counsel for RBS
David Horowitz,
# 9 Exhibit I - May 15, 2013 letter from D. Milosavljevic to Michael Klenov,
# 10 Exhibit J - May 28, 2013 e-mail from Michael Klenov to D. Milosavljevic,
# 11 Exhibit K - May 8, 2013 letter from Thomas Graber to Alex Pilmer) (Modl,
Michael) (Entered: 05/29/2013)
05/29/2013
210 Disregard. See docket entry 213 . Requested attorney refile condensed version on
5/30/2013. (jaf) (Entered: 05/29/2013)
05/29/2013
211 Disregard. See docket entry 214 . Requested attorney refile as expert report with
exhibits attached separately and named on 5/30/2013. (jaf) (Entered: 05/29/2013)
05/29/2013
212 Redacted Document re: 208 Brief in Support of 207 Motion to Strike and to Exclude
Expert Testimony from Corelogic for Failure to Complay with Fed. R. Civ. P. 26 by
Defendant RBS Securities, Inc. (Modl, Michael) Modified on 5/30/2013 (jaf).
(Entered: 05/29/2013)
05/30/2013
213 Deposition of Jacqueline Doty taken on May 13, 2013 Ex. A to Declaration of
Derek Milosavljevic (Sealed Document) (Modl, Michael) (Entered: 05/30/2013)
05/30/2013
214 Expert Report of Charles Cowan by Defendant RBS Securities, Inc. (Sealed
Document) (Attachments:
# 1 Exhibit A - Charles Cowan Curriculum Vitae,
# 2 Exhibit B - List of materials reviewed by Charles Cowan,
# 3 Exhibit C - Results of Testing,
# 4 Exhibit D - Further Results of Testing,
# 5 Exhibit E - Securitization-specific results) (Modl, Michael) (Entered:
05/30/2013)
05/30/2013
215 Redacted Document re: 214 Expert Report of Charles Cowan by Defendant RBS
Securities, Inc. (Attachments:
# 1 Exhibit A - Charles Cowan Curriculum Vitae,
# 2 Exhibit B - List of materials reviewed by Charles Cowan,
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# 3 Exhibit C - Results of Testing,
# 4 Exhibit D - Further Results of Testing,
# 5 Exhibit E - Securitization-specific results) (Modl, Michael) Modified on
5/31/2013 (jaf). (Entered: 05/30/2013)
05/31/2013
216 ** TEXT ONLY ORDER **
ORDER granting 206 Motion to Admit John Charles Craig Pro Hac Vice. Signed by
Magistrate Judge Peter Oppeneer on 5/31/2013. (arw) (Entered: 05/31/2013)
05/31/2013
Reset Briefing Deadlines re: 207 Motion to Strike and to Exclude Expert Testimony
from Corelogic for Failure to Complay with Fed. R. Civ. P. 26. Brief in Opposition
due 6/12/2013. Brief in Reply due 6/19/2013. (arw/wmc) (Entered: 05/31/2013)
06/03/2013
217 ** TEXT ONLY ORDER **
At a June 3, 2013 telephonic status conference, the court struck the remainder of the
schedule for reasons stated and over plaintiff's objection. Upon the court issuing its
ruling on the pending motion to dismiss 32 and to amend the complaint 180 the
clerk's office will set a telephonic scheduling conference to be held within five
business days of the court's ruling. At that hearing, the court will reschedule this
case on the tightest possible schedule that works with the court's trial calendar.
Signed by Magistrate Judge Stephen L. Crocker on 6/3/2013. (arw) (Entered:
06/03/2013)
06/03/2013
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Status Conference held on 6/3/2013 [:25] (cak) (Entered: 06/03/2013)
06/05/2013
Set/Reset Hearings: Hearing re: Discovery set at the parties' request for 6/6/2013 at
04:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiffs is
responsible for setting up the call to chambers at (608) 264-5153. (cak) (Entered:
06/05/2013)
06/12/2013
218 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company re: 207 Motion to Strike filed
by RBS Securities, Inc. (Sealed Document) (Attaway, Scott) (Entered: 06/12/2013)
06/12/2013
219 Deposition of Scott Gimpel taken on May 16, 2013 (Sealed Document) (Attaway,
Scott) (Entered: 06/12/2013)
06/12/2013
220 Declaration of Scott K. Attaway filed by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, Members Life Insurance Company re: 207
Motion to Strike (Sealed Document) (Attachments:
# 1 Exhibit 01 - Nov 5 2012 E-mail from Klenov,
# 2 Exhibit 02 - Jan 10 2013 E-mail from Horowitz,
# 3 Exhibit 03 - RBS Subpoena to CoreLogic for Doc Production,
# 4 Exhibit 04 - RBS-CUNA0396580-83,
# 5 Exhibit 05 - RBS-CUNA0500088-90,
# 6 Exhibit 06 - RBS-CUNA0053135-36,
# 7 Exhibit 07 - RBS-CUNA0038987,
# 8 Exhibit 08 - 2013 05 16 Deposition Transcript of S Gimpel,
# 9 09 - 2013 06 07 RBS Responses to CMFG's 5th Set of RFPs) (Attaway, Scott)
(Entered: 06/12/2013)
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221 Redacted Document re: 218 Brief in Opposition by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, Members Life Insurance Company re:
207 Motion to Strike filed by RBS Securities, Inc. (Attaway, Scott) Modified on
6/13/2013 (jaf). (Entered: 06/12/2013)
06/12/2013
222 Redacted Document re: 220 Declaration of Scott K. Attaway filed by Plaintiffs
CUMIS Insurance Society, CUNA Mutual Insurance Society, Members Life
Insurance Company re: 207 Motion to Strike (Attachments:
# 1 Exhibit 01 - Nov 5 2012 E-mail from Klenov,
# 2 Exhibit 02 - Jan 10 2013 E-mail from Horowitz,
# 3 Exhibit 03 - RBS Subpoena to CoreLogic for Doc Production,
# 4 Exhibit 04 - RBS-CUNA0396580-83,
# 5 Exhibit 05 - RBS-CUNA0500088-90,
# 6 Exhibit 06 - RBS-CUNA0053135-36,
# 7 Exhibit 07 - RBS-CUNA0038987,
# 8 Exhibit 08 - 2013 05 16 Depo Transcript of Scott Gimpel,
# 9 Exhibit 09 - 2013 06 07 RBS Responses to CMFG's 5th Set of RFPs) (Attaway,
Scott) Modified on 6/13/2013 (jaf). (Entered: 06/12/2013)
06/19/2013
223 Brief in Reply by Defendant RBS Securities, Inc. in Support of 207 Motion to Strike
and to Exclude Expert Testimony from CoreLogic for Failure to Comply with Fed.
R. Civ. P. 26 (Sealed Document) (Pilmer, Robert) (Entered: 06/19/2013)
06/19/2013
224 Declaration of R. Alexander Pilmer filed by Defendant RBS Securities, Inc. re: 207
Motion to Strike (Pilmer, Robert) (Entered: 06/19/2013)
06/19/2013
225 Declaration of Derek M. Milosavljevic filed by Defendant RBS Securities, Inc. re:
207 Motion to Strike (Attachments:
# 1 Exhibit A - May 9, 2012 Declaration of Jacqueline Doty,
# 2 Exhibit B - Interagency Appraisal & Evaluation Guidelines) (Pilmer, Robert)
(Entered: 06/19/2013)
06/19/2013
226 Redaction to 223 Brief in Reply in Support of Rule 37(c) Motion to Strike and to
Exclude Expert Testimony from CoreLogic for Failure to Comply with Fed. R. Civ.
P. 26 by Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered: 06/19/2013)
07/16/2013
227 Notice of Supplemental Authority by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, Members Life Insurance Company re: 46 Brief in
Opposition, 32 MOTION TO DISMISS First Amended Complaint Motion to
Strike Amended Complaint Jury Demand Pursuant to Fed. R. Civ. P. 12(b)(6) and
12(f). (Attachments:
# 1 Exhibit A - Letter from SEC to RBS (Feb. 7, 2006),
# 2 Exhibit B - RBS Form S-3, SEC File No. 333-130961 (Jan. 11, 2006),
# 3 Exhibit C - Letter from RBS to SEC (Feb. 23, 2006),
# 4 Exhibit D - RBS Form S-3/A, SEC File No. 333-130961 (Feb. 23, 2006)
(Attaway, Scott) (Entered: 07/16/2013)
07/18/2013
228 Response to 227 Notice of Supplemental Authority by Defendant RBS Securities,
Inc. (Pilmer, Robert) (Entered: 07/18/2013)
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229 Reply in Support of 227 Notice of Supplemental Authority by Plaintiffs CUMIS
Insurance Society, CUNA Mutual Insurance Society, Members Life Insurance
Company Reply to Defendants' Response to Fifth Notice of Supplemental Authority.
(Sealed Document) (Attachments:
# 1 Exhibit E - Officer's Certificate) (Attaway, Scott) Modified on 7/24/2013. (arw)
(Entered: 07/24/2013)
07/24/2013
230 Redaction to 229 Reply in Support of 227 Notice of Supplemental Authority by
Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance Society, Members
Life Insurance Company Reply to Defendants' Response to Fifth Notice of
Supplemental Authority. (Attachments:
# 1 Exhibit E - Officer's Certificate) (Attaway, Scott) Modified on 7/24/2013. (arw)
(Entered: 07/24/2013)
08/06/2013
231 Motion to Compel by Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance
Society, Members Life Insurance Company. Motions referred to Magistrate Judge
Stephen L. Crocker. Response due 8/13/2013. (Klenov, Michael) (Entered:
08/06/2013)
08/06/2013
232 Redacted Document re: 234 Brief in Support of 231 Motion to Compel by Plaintiffs
CUMIS Insurance Society, CUNA Mutual Insurance Society, Members Life
Insurance Company (Attachments:
# 1 Exhibit 1 CMFG's Fourth Set of RFP,
# 2 Exhibit 2 RBS Response to CMFG's Fourth RFP,
# 3 Exhibit 3 CMFG's Second Set of RFP,
# 4 Exhibit 4 RBS Response and Objections to CMFG's Second RFPs,
# 5 Exhibit 5 CUMIS's Second Set of Interrogatories,
# 6 Exhibit 6 RBS's Amended Response to CUMIS's Interrogatory No. 18,
# 7 Exhibit 7 CUMIS's First Set of Interrogatories,
# 8 Exhibit 8 RBS's Responses to CUMIS First Set of Interrogatories,
# 9 Exhibit RBS Amended Responses to CUMIS First Set of Interrogatories,
# 10 Exhibit RBS Second Amended Responses to CUMIS First Set of
Interrogatories,
# 11 Exhibit 11 CMFG's Fifth Set of RFP,
# 12 Exhibit 12 RBS's Response to CMFG's Fifth Set of RFP,
# 13 Exhibit 13 CUNA Mutual's Third Set of RFA,
# 14 Exhibit 14 RBS Responses to CUNA Third Set of RFA,
# 15 Exhibit 15 November 28 2011 Press Release by Attorney General of MA,
# 16 Exhibit 16 Gretchen Morgenson October 23, 2012 Bank Settles Over Loans in
NV,
# 17 Exhibit 17 RBS Interim Management Statement Q1 2013,
# 18 Exhibit 18 Interim Results 2011,
# 19 Exhibit 19 Deposition of Ara Balabanian taken March 6, 2013,
# 20 Exhibit 20 Document RBS-CUNA0255296,
# 21 Exhibit 21 March 12, 2013 Subpoena from RBS to CoreLogic,
# 22 Exhibit 22 August 2003 RBS Manual RBS-CUNA0327963,
# 23 Exhibit 23 July 12, 2013 Letter from Horowitz to Berezney) (Klenov, Michael)
Modified on 8/7/2013 (jaf). (Entered: 08/06/2013)
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233 Deposition of Ara Balabanian taken on March 6, 2013 (Sealed Document) (Klenov,
Michael) (Entered: 08/06/2013)
08/06/2013
234 Brief in Support of 231 Motion to Compel by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, Members Life Insurance Company. (Sealed
Document) (Attachments:
# 1 Exhibit 1 CMFG's Fourth Set of RFP,
# 2 Exhibit 2 RBS's Responses to CMFG's Fourth RFP,
# 3 Exhibit 3 CMFG's Second RFP,
# 4 Exhibit 4 RBS's Responses and Objections to CMFG's Second RFP,
# 5 Exhibit CUMIS's Second Interrogatories,
# 6 Exhibit 6 RBS's Amended Response to CUMIS's Interrogatory No. 18,
# 7 Exhibit 7 CUMIS's First Set of Interrogatories,
# 8 Exhibit 8 RBS's Responses to CUMIS's First Set of Interrogatories,
# 9 Exhibit 9 RBS's Amended Responses to CUMIS's First Set of Interrogatories,
# 10 Exhibit 10 Incorrect document attached, exhibit refiled as entry 244 ,
# 11 Exhibit 11 CMFG's Fifth RFP,
# 12 Exhibit 12 RBS's Responses to CMFG's Fifth RFP,
# 13 Exhibit 13 CUNA Mutual's Third RFA,
# 14 Exhibit 14 RBS's Responses to CUNA Mutual's Third RFA,
# 15 Exhibit 15 November 28, 2011 Press Release by Attorney General of MA,
# 16 Exhibit 16 Gretchen Morgenson, Bank Settles Over Loans in NV,
# 17 Exhibit 17 RBS Interim Management Statement Q1 2013,
# 18 Exhibit RBS Interim Results 2011,
# 19 Exhibit 19 Deposition of Balabanian, Ara taken on March 6, 2013,
# 20 Exhibit 20 Document No. RBS-CUNA0255296,
# 21 Exhibit 21 March 12, 2013 Subpoena from RBS to CoreLogic,
# 22 Exhibit 22 August 2003 RBS Manual, RBS-CUNA0327963,
# 23 Exhibit 23 July 12, 2013 Letter from Horowitz to Berezney) (Klenov, Michael)
Modified on 8/14/2013. (arw) (Entered: 08/06/2013)
08/06/2013
Set Deadlines and Hearings re: 231 Motion to Compel by Plaintiffs CUMIS
Insurance Society, CUNA Mutual Insurance Society, Members Life Insurance
Company. Telephone Motion Hearing set for 8/20/2013 at 11:00 AM before
Magistrate Judge Stephen L. Crocker. Counsel for Plaintiffs responsible for setting
up the call to chambers at (608) 264-5153. (arw/slc) (Entered: 08/06/2013)
08/07/2013
235 Motion for Extension of Time To Respond to CUNA's Motion to Compel by
Defendant RBS Securities, Inc.. Motions referred to Magistrate Judge Stephen L.
Crocker. Response due 8/14/2013. (Modl, Michael) (Entered: 08/07/2013)
08/07/2013
236 Objection to Motion by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, Members Life Insurance Company re: 235 Motion for Extension
of Time To Respond to CUNA's Motion to Compel filed by RBS Securities, Inc.
(Attachments:
# 1 Exhibit 1 E-mail string) (Klenov, Michael) Modified on 8/8/2013 (jaf). (Entered:
08/07/2013)
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237 ** TEXT ONLY ORDER **
In response to the recent flurry of diametric representations to the court regarding
discovery, the court will address these matters with the parties at the August 20,
2013 telephonic motion hearing. By way of foreshadowing, the court will hold both
sides to any provable side agreements regarding discovery and it will shift costs
pursuant to Rule 37(a). Signed by Magistrate Judge Stephen L. Crocker on
8/8/2013. (arw) (Entered: 08/08/2013)
08/13/2013
238 Brief in Opposition by Defendant RBS Securities, Inc. re: 231 Motion to Compel
filed by Members Life Insurance Company, CUNA Mutual Insurance Society,
CUMIS Insurance Society (Sealed Document) (Pilmer, Robert) (Entered:
08/13/2013)
08/13/2013
239 Declaration of R. Alexander Pilmer filed by Defendant RBS Securities, Inc. in
Support of Opposition re: 231 Motion to Compel (Attachments:
# 1 Exhibit A - 06.06.2013 AShen to APilmer Email) (Pilmer, Robert) (Entered:
08/13/2013)
08/13/2013
240 Declaration of David Horowitz filed by Defendant RBS Securities, Inc. in Support
of Opposition re: 231 Motion to Compel (Attachments:
# 1 Exhibit A - 10.24.2012 Hearing Transcript,
# 2 Exhibit B - 11.06.2012 TSpicer to DHorowitz Letter,
# 3 Exhibit C - 01.09.2013 JBhimani to T. Spicer Letter,
# 4 Exhibit D - 04.25.2012 JBhimani to MKlenov Letter,
# 5 Exhibit E - 03.29.2013 CoreLogic, Inc's Objections to Production Subpoena,
# 6 Exhibit F - 03.29.2013 CoreLogic Solutions, LLC's Objections to Production
Subpoena,
# 7 Exhibit G - 08.24.2012 FAC_NCUA v. RBS Securities Inc., et al._Case No.
2:11-cv-02340-RDR-KGS,
# 8 Exhibit H - 07.18.2011 Complaint_NCUA v RBS Securities Inc._ Case No.
2:11-cv-05887-GW-JEM,
# 9 Exhibit I - 07.31.2013 DMilosavljevic to TSpicer Email,
# 10 Exhibit J - 11.15.2012 DHorowitz to TSpicer Email,
# 11 Exhibit K - 11.30.2012 TSpicer to DHorowitz Letter,
# 12 Exhibit L - 12.13.2012 MKlenov to DHorowitz Email,
# 13 Exhibit M - 04.17.2013 TSpicer to DHorowitz Email,
# 14 Exhibit N - 06.15.2012 SCurran Transcript (RBS-CUNA0367863) (Filed as
Separate Docket Entry),
# 15 Exhibit O - 05.15.2013 SCurran Transcript (Filed as Separate Docket Entry),
# 16 Exhibit P - 01.13.2013 TSpicer to JBhimani Letter) (Pilmer, Robert) (Entered:
08/13/2013)
08/13/2013
241 Deposition of Sean Curran taken on June 15, 2012 (Exhibit N) (Sealed Document)
(Pilmer, Robert) (Entered: 08/13/2013)
08/13/2013
242 Deposition of Sean Curran taken on May 15, 2013 (Exhibit O) (Sealed Document)
(Pilmer, Robert) (Entered: 08/13/2013)
08/13/2013
243 Redaction to 238 Brief in Opposition by Defendant RBS Securities, Inc. (Pilmer,
Robert) (Entered: 08/13/2013)
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244 Corrected Exhibit 10 to 234 Brief in Support filed by Members Life Insurance
Company, CUNA Mutual Insurance Society, CUMIS Insurance Society RBS's
Second Amended Responses to CUMIS's First Set of Interrogatories. (Sealed
Document) (Klenov, Michael) Modified on 8/15/2013 (jaf). (Entered: 08/14/2013)
08/19/2013
245 ORDER granting 34 Unopposed Request for Judicial Notice; granting in part and
denying in part 32 Motion to Dismiss; denying Plaintiffs CMFG Life Insurance
Company, CUMIS Insurance Society, Inc. and Members Life Insurance Company's
request for jury trial; reserving 100 Motion for Spoliation Sanctions; denying 170
Motion for Sanctions Pursuant to Rule 26(g)(3); granting in part and denying in part
180 Motion for Leave to File Second Amended Complaint; denying 182 Motion to
Set Different Time for Answer; granting 207 Motion to Strike and Exclude Expert
Opinion Testimony. Defendant shall be awarded its actual attorney fees and costs
incurred in bringing the motion to strike. Signed by District Judge William M.
Conley on 8/19/2013. (arw) (Entered: 08/19/2013)
08/19/2013
246 ** TEXT ONLY ORDER **
In light of the court's issuance today, August 19, 2013, of a 46-page, nine-point
order 245 on all pending substantive motions, the court sua sponte is postponing the
August 20, 2013 telephone motion hearing on plaintiffs' motion to compel discovery
231 . The hearing is moved to August 27, 2013 at 10:00 AM in order to give the
parties and their attorneys a chance to digest the order and determine how it affects
what happens next, including the pending discovery disputes. Counsel for Plaintiff
is responsible for setting up the call to chambers at (608) 264-5153. Not later than
August 23, 2013, each side must supplement its current submissions on the pending
discovery disputes (which could be as simple as reporting "no changes"). If a party
wishes to add to the agenda on August 27 other issues suggested by the court's
August 19 order, then any such suggestions also must be submitted by August 23,
2013, and the court would be willing to deem the August 27 motion hearing also to
be a status conference. Signed by Magistrate Judge Stephen L. Crocker on
8/19/2013. (arw) (Entered: 08/19/2013)
08/23/2013
247 Response re: 246 Text Only Order (Supplemental Submission in Opposition to
CUNA Mutual's Motion to Compel and Proposed Agenda Items) by Defendant RBS
Securities, Inc. (Pilmer, Robert) (Entered: 08/23/2013)
08/23/2013
248 Response re: 246 Text Only Order Supplemental Submission in Support of Motion to
Compel by Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance Society,
MEMBERS Life Insurance Company. (Sealed Document) (Klenov, Michael)
(Entered: 08/23/2013)
08/23/2013
249 Redacted Document re: 248 Response re: 246 Text Only Order Redacted
Supplemental Submission in Support of Motion to Compel by Plaintiffs CUMIS
Insurance Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance
Company. (Klenov, Michael) Modified on 8/26/2013. (jaf) (Entered: 08/23/2013)
08/27/2013
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Motion Hearing held on 8/27/2013 [:35] (Court Reporter LS) (cak)
(Entered: 08/27/2013)
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250 Transcript of Telephone Motion Hearing, held 8/27/2013 before Magistrate Judge
Stephen L. Crocker. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (rep) (Entered:
08/28/2013)
08/28/2013
251 ORDER granting 231 Motion to Compel. Signed by Magistrate Judge Stephen L.
Crocker on 8/27/2013. (rep) (Entered: 08/28/2013)
08/28/2013
252 THIRD AMENDED Scheduling Order: Amendments to the Pleadings due
8/30/2013. Dispositive Motions due 2/7/2014. Settlement Letters due 6/27/2014.
Court Trial set for 8/4/2014 at 9:00 AM. Signed by Magistrate Judge Stephen L.
Crocker on 8/27/2013. (rep) (Entered: 08/28/2013)
08/30/2013
253 Emergency Motion for Clarification of the Court's August 27, 2013 Order
Regarding CUNA's Request for Production No. 95 re: 251 Order on Motion to
Compel Emergency Request by Defendant RBS Securities, Inc. Response due
9/6/2013. (Attachments:
# 1 Exhibit 1 - 8/29/2013 Email Chain between A. Pilmer & G. Gutzler) (Pilmer,
Robert) (Entered: 08/30/2013)
08/30/2013
254 Motion for Clarification, or, in the Alternative, for Reconsideration re: 245 Order on
Motion to Dismiss, Order on Motion to Strike, Order on Motion for Miscellaneous
Relief, Order on Motion for Sanctions, Order on Motion to Amend Complaint by
Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance Society, MEMBERS
Life Insurance Company. Response due 9/6/2013. (Klenov, Michael) Modified on
10/9/2013. (arw) (Entered: 08/30/2013)
08/30/2013
255 Brief in Support of 254 Motion for Clarification, by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance Company
(Sealed Document) (Klenov, Michael) (Entered: 08/30/2013)
08/30/2013
256 Redacted Document re: 255 Brief in Support of 254 Motion for Clarification, by
Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance Society, MEMBERS
Life Insurance Company (Klenov, Michael) Modified on 9/3/2013 (jaf). (Entered:
08/30/2013)
08/30/2013
257 AMENDED COMPLAINT against RBS Securities, Inc. (Sealed Document), filed
by CUNA Mutual Insurance Society, CUMIS Insurance Society, MEMBERS Life
Insurance Company. (Klenov, Michael) (Entered: 08/30/2013)
08/30/2013
258 Redacted Document re: 257 AMENDED COMPLAINT against RBS Securities,
Inc., filed by CUNA Mutual Insurance Society, CUMIS Insurance Society,
MEMBERS Life Insurance Company. (Klenov, Michael) Modified on 9/3/2013.
(jaf) (Entered: 08/30/2013)
08/30/2013
259 ** TEXT ONLY ORDER **
In light of RBS's emergency motion and CUNA's right to respond - which the court
is extending to September 9, 2013 to account for the holidays - RBS's obligation to
respond to Request for Production No. 95 is STAYED pending further court order.
Signed by Magistrate Judge Stephen L. Crocker on 8/30/2013. (krj) (Entered:
8/28/2014 10:28 AM
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Set/Reset Deadlines as to 253 Emergency Motion for Clarification of the Court's
August 27, 2013 Order. Response due 9/9/2013. (krj/SLC) (Entered: 08/30/2013)
09/09/2013
260 Notice of Withdrawal of Motion by Defendant RBS Securities, Inc. re 253
Emergency Motion for Clarification of the Court's August 27, 2013 Order
Regarding CUNA's Request for Production No. 95 re 251 Order on Motion to
Compel (Emergency Request) filed by RBS Securities, Inc. . (Modl, Michael)
(Entered: 09/09/2013)
09/10/2013
261 Motion to Compel Production of Documents by Defendant RBS Securities, Inc.
Motions referred to Magistrate Judge Stephen L. Crocker. Response due 9/17/2013.
(Pilmer, Robert) (Entered: 09/10/2013)
09/10/2013
262 Brief in Support of 261 Motion to Compel Production of Documents by Defendant
RBS Securities, Inc. (Sealed Document) (Pilmer, Robert) (Entered: 09/10/2013)
09/10/2013
263 Declaration of Derek M. Milosavljevic filed by Defendant RBS Securities, Inc. re:
261 Motion to Compel (Sealed Document) (Attachments:
# 1 Exhibit A - CoreLogic Subpoenas,
# 2 Exhibit B - 04.25.2012 JBhimani to MKlenov Ltr,
# 3 Exhibit C - 10.10.2012 JBhimani to MKlenov Ltr,
# 4 Exhibit D - 04.10.2013 MKlenov Email,
# 5 Exhibit E - RBS 1st RFP to Plts,
# 6 Exhibit F - License Agreement,
# 7 Exhibit G - Amend 6 to License Agreement CoreLogic Solutions and RBS,
# 8 Exhibit H - Amend 2 License Agreement First American CoreLogic and RBS)
(Pilmer, Robert) (Entered: 09/10/2013)
09/10/2013
264 Redaction to 262 Brief in Support of Motion to Compel Production of Documents by
Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered: 09/10/2013)
09/10/2013
265 Redaction to 263 Declaration of Derek M. Milosavljevic in Support of Motion to
Compel Production of Documents by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit A - CoreLogic Subpoenas,
# 2 Exhibit B - 04.25.2012 JBhimani to MKlenov Ltr,
# 3 Exhibit C - 10.10.2012 JBhimani to MKlenov Ltr,
# 4 Exhibit D - 04.10.2013 MKlenov Email,
# 5 Exhibit E - RBS 1st RFP to Plts,
# 6 Exhibit F - License Agreement,
# 7 Exhibit G - Amend 6 to License Agreement CoreLogic Solutions andRBS,
# 8 Exhibit H - Amend 2 License Agreement First American CoreLogic and RBS)
(Pilmer, Robert) Modified on 9/11/2013. (jaf) (Entered: 09/10/2013)
09/10/2013
266 Motion for Clarification re: 245 Order on Motion to Dismiss, Order on Motion to
Strike, Order on Motion for Miscellaneous Relief, Order on Motion for Sanctions,
Order on Motion to Amend Complaint Request for Clarification of the Court's
August 19, 2013 Order on RBS's Rule 37(c) Motion to Exclude CoreLogic (Sealed
Document) by Defendant RBS Securities, Inc. Response due 9/17/2013. (Pilmer,
Robert) (Entered: 09/10/2013)
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09/10/2013
267 Declaration of Derek M. Milosavljevic filed by Defendant RBS Securities, Inc. in
Support of Request for Clarification re the Court's August 19, 2013 Order on RBS's
Rule 37(c) Motion to Exclude CoreLogic re: 266 Motion for Clarification, (Sealed
Document) (Attachments:
# 1 Exhibit A - M. Klenov 08.30.2103 Email,
# 2 Exhibit B - CoreLogic Estimates of Value,
# 3 Exhibit C - License Agreement,
# 4 Exhibit D - Amend 2 License Agreement First American CoreLogic and RBS,
# 5 Exhibit E - Amend 6 to License Agreement CoreLogic Solutions and RBS,
# 6 Exhibit F - CoreLogic Deal Summaries) (Pilmer, Robert) (Entered: 09/10/2013)
09/10/2013
268 Redaction to 266 Motion for Clarification re: 245 Order on Motion to Dismiss,
Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Request for
Clarification of the Court's August 19, 2013 Order on RBS's Rule 37(c) Motion to
Exclude CoreLogic by Defendant RBS Securities, Inc. (Pilmer, Robert) Modified on
9/11/2013. (arw) (Entered: 09/10/2013)
09/10/2013
269 Redaction to 267 Declaration of Derek M. Milosavljevic in Support of Request for
Clarification of the Court's August 19, 2013 Order on RBS's Rule 37(c) Motion to
Exclude CoreLogic by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit A - M. Klenov 08.30.2103 Email,
# 2 Exhibit B - CoreLogic Estimates of Value,
# 3 Exhibit C - License Agreement,
# 4 Exhibit D - Amend 2 License Agreement First American CoreLogic and RBS,
# 5 Exhibit E - Amend 6 to License Agreement CoreLogic Solutions and RBS,
# 6 Exhibit F - CoreLogic Deal Summaries) (Pilmer, Robert) Modified on
9/11/2013. (jaf) (Entered: 09/10/2013)
09/11/2013
Set Deadlines and Hearings re: 261 Motion to Compel Production of Documents by
Defendant RBS Securities, Inc. Telephone Motion Hearing set for 9/25/2013 at 2:00
PM before Magistrate Judge Stephen L. Crocker. Counsel for Defendant responsible
for setting up the call to chambers at (608) 264-5153. (arw/slc) (Entered:
09/11/2013)
09/11/2013
270 Consent Motion for Extension of Time to Respond by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance Company.
Motions referred to Magistrate Judge Stephen L. Crocker. (Klenov, Michael)
(Entered: 09/11/2013)
09/11/2013
271 ** TEXT ONLY ORDER **
ORDER setting briefing on 261 Motion to Compel and 266 Motion for Clarification
by Defendant RBS Securities, Inc. Brief in Opposition due 9/24/2013. Defendant
RBS Securities, Inc. may file a brief in reply by 10/1/2013 in support of its motion
for clarification only. The telephone motion hearing set for 9/25/2013 is canceled.
Signed by District Judge William M. Conley on 9/11/2013. (arw) (Entered:
09/11/2013)
09/13/2013
272 Brief in Opposition by Defendant RBS Securities, Inc. re: 254 Motion for
Clarification, filed by MEMBERS Life Insurance Company, CUNA Mutual
Insurance Society, CUMIS Insurance Society (Attachments:
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# 1 Exhibit A - Opinion & Order 05.14.2012,
# 2 Exhibit B - Prelim Pretrial Conference Order 05.23.2011) (Pilmer, Robert)
(Entered: 09/13/2013)
09/19/2013
273 ORDER granting in part and denying in part 254 Motion for Clarification, or, in the
Alternative, for Reconsideration. Plaintiffs' Motion for Reconsideration is
GRANTED IN PART with respect to plaintiffs' claims of misrepresentation of
underwriting compliance for securities MMLT 2005-3, RAMC 2004-4 and RAMC
2005-4 in its second amended complaint and DENIED in all other respects. Signed
by District Judge William M. Conley on 9/19/2013. (arw) Modified on 10/9/2013.
(arw) (Entered: 09/19/2013)
09/20/2013
274 Response re: 273 Order on Motion for Clarification Statement re: Briefing
Deadlines on CUNA's Motion for Clarification or Reconsideration, filed by
Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered: 09/20/2013)
09/20/2013
275 ** TEXT ONLY ORDER **
The court is in receipt of defendant RBS Securities' response 274 , which points out
that their brief in opposition 272 was in fact timely filed. After reviewing the
Magistrate Judge's actual Third Amended Scheduling Order 252 , rather than the
CM/ECF entry, it appears RBS Securities is correct, which the court now notes for
the record. In the interest of fairness, the court will also consider any reply CUNA
Mutual may wish to file by September 20 with respect to their motion for
clarification 254 , as contemplated by the Scheduling Order. The court will enter a
final order on that motion only after considering such a reply, if any. Signed by
District Judge William M. Conley on 9/20/2013. (arw) (Entered: 09/20/2013)
09/20/2013
276 Brief in Reply in Support of 254 Motion for Clarification by Plaintiffs CUMIS
Insurance Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance
Company. (Klenov, Michael) Modified on 9/23/2013. (arw) (Entered: 09/20/2013)
09/23/2013
277 Notice of Withdrawal of Motion by Defendant RBS Securities, Inc. re 261 Motion
to Compel Production of Documents filed by RBS Securities, Inc. . (Pilmer, Robert)
(Entered: 09/23/2013)
09/24/2013
278 Redacted Document re: 279 Brief in Opposition by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance Company re:
266 Motion for Clarification by RBS Securities, Inc. (Attachments:
# 1 Exhibit A - RBS' Third Amended Response to CUMIS Interrogatory No. 12)
(Klenov, Michael) Modified on 9/25/2013. (jaf) (Entered: 09/24/2013)
09/24/2013
279 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, MEMBERS Life Insurance Company re: 266 Motion for
Clarification by RBS Securities, Inc. (Sealed Document) (Attachments:
# 1 Exhibit A - RBS' Third Amended Response to CUMIS Interrogatory No. 12)
(Klenov, Michael) (Entered: 09/24/2013)
10/01/2013
280 Brief in Reply by Defendant RBS Securities, Inc. in Support of 266 Motion for
Clarification regarding the Court's August 19, 2013 Order. (Sealed Document)
(Pilmer, Robert) (Entered: 10/01/2013)
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281 Declaration of Derek M. Milosavljevic re 280 Brief in Reply (Sealed Document)
(Attachments:
# 1 Exhibit A - 07.13.2011 CoreLogic and CUNA Master License Agreement)
(Pilmer, Robert) (Entered: 10/01/2013)
10/01/2013
282 Redaction to 280 Brief in Reply by Defendant RBS Securities, Inc. (Pilmer, Robert)
(Entered: 10/01/2013)
10/01/2013
283 Redaction to 281 Declaration by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit A - Filed Under Seal) (Pilmer, Robert) (Entered: 10/01/2013)
10/02/2013
284 Motion to Admit Silvija A. Strikis Pro Hac Vice. (Pro Hac Vice fee $50, receipt
number 0758-1237889) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, MEMBERS Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Strikis, Silvija) (Entered: 10/02/2013)
10/03/2013
285 ** TEXT ONLY ORDER **
ORDER granting 284 Motion to Admit Silvija A. Strikis Pro Hac Vice. Signed by
Magistrate Judge Peter Oppeneer on 10/3/2013. (arw) (Entered: 10/03/2013)
10/08/2013
286 Motion for Discovery to Permit Additional Business Records Depositions by
Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance Society, MEMBERS
Life Insurance Company. Motions referred to Magistrate Judge Stephen L. Crocker.
Response due 10/15/2013. (Attachments:
# 1 Exhibit A Email Thread with Berezney and Horowitz Beginning February 12
2013,
# 2 Exhibit B Email Thread with Pilmer and Berezney Beginning October 1 2013)
(Klenov, Michael) (Entered: 10/08/2013)
10/08/2013
287 Motion to Vacate Sanctions Against CUNA Mutual and Assess Sanctions Against
RBS by Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance Society,
MEMBERS Life Insurance Company. Response due 10/15/2013. (Tillery, Stephen)
Modified on 10/10/2013. (arw) (Entered: 10/08/2013)
10/08/2013
288 Redacted Document re: 289 Brief in Support by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance Company
(Attachments:
# 1 Exhibit A CoreLogic Automated Valuation Solutions,
# 2 Exhibit B Doty Exhibit 14, at CL-RBS000073,
# 3 Exhibit C December 13 2011 Email from Schreiber to Klenov,
# 4 Exhibit D March 4 2013 Klenov to Andrezejek,
# 5 Exhibit E March4 2013 Email from Andrezejek to Klenov with AVM
Attachment,
# 6 Exhibit F CUNARBS002887628 VP4,
# 7 Exhibit G April 7 2013 Email from Klenov to Adams with Cowan Report,
# 8 Exhibit H 04/10/2013 email from Horowitz to Klenov,
# 9 Exhibit I 4/17/13 email from Klenov to Horowitz, Pilmer, and Bhimani,
# 10 Exhibit J Declaration of Michael E Klenov,
# 11 Exhibit K April 23 2013 Email from Milosavljevic to Klenov,
# 12 Exhibit L Excerpts from RALI 2006-QS3 Prospectus Supplement,
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# 13 Exhibit M USeptember 13 2013 RBS 3rd Amended Responses to CUMIS
Interrogatory No 1,
# 14 Exhibit N 4/22/13 Deposition Subpoena from RBS to CoreLogic,
# 15 Exhibit O April 29 2013 Email between Klenov and Adams,
# 16 Exhibit P May 3 2013 Letter from Adams to Klenov,
# 17 Exhibit Q October 3 2012 Email Thread RBS-CUNA1406474,
# 18 Exhibit R October 10 2012 Email from Graber to Pilmer,
# 19 Exhibit S April 30 2013 Pilmer to Graber with CUNA's Expert Disclosure,
# 20 Exhibit T April30 2013 Email Thread Pilmer and Graber,
# 21 Exhibit U Part 1 RBS-CUNA1405830,
# 22 Exhibit V Emails Pilmer May 1 and Graber May 2 2012,
# 23 Exhibit W RBS-CUNA1405969,
# 24 Exhibit X Formal Op. 93-378) (Tillery, Stephen) Modified on 10/9/2013 (jaf).
(Entered: 10/08/2013)
10/08/2013
289 Brief in Support of 287 Motion to Vacate, Sanctions Against CUNA Mutual and to
Assess Sanctions Against RBS by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company (Sealed Document)
(Attachments:
# 1 Exhibit A Automated Valuation Solutions,
# 2 Exhibit B Doty Exhibit 14 CL-RBS000073,
# 3 Exhibit C December 13 2011 Email from Schreiber to Klenov,
# 4 Exhibit D March 4 2013 Klenov to Andrezejek,
# 5 Exhibit E March 4 2013 Email from Andrezejek to Klenov with AVM
Attachment,
# 6 Exhibit F CUNARBS002887628 VP4,
# 7 Exhibit G April 7 2013 Email from Klenov to Adams with Cowan Report,
# 8 Exhibit H April 10 2013 Email from Horowitz to Klenov,
# 9 Exhibit I April 17 2013 Email from Klenov to Horowitz Pilmer and Bhimani,
# 10 Exhibit J Declaration of Michael E Klenov - See also 290 ,
# 11 Exhibit K April 23 2013 Email from Milosavljevic to Klenov,
# 12 Exhibit L Excerpts from RALI 2006-QS3 Prospectus Supplement,
# 13 Exhibit M September 13 2013 RBS 3rd Amended Responses to CUMIS
Interrogatory No 12,
# 14 Exhibit N April 22 2013 RBS Subpoena to CoreLogic,
# 15 Exhibit O April 29 2013 Email between Klenov and Adams,
# 16 Exhibit P May 3 2013 Letter from Adams to Klenov,
# 17 Exhibit Q October 3 2012 Email Thread RBS-CUNA1406474,
# 18 Exhibit R October 10 2012 Email from Graber to Pilmer,
# 19 Exhibit S April 30 2013 Pilmer to Graber with CUNA's Expert Disclosure,
# 20 Exhibit T April 30 2013 Email Thread Pilmer and Graber,
# 21 Exhibit U Part 1 RBS-CUNA1405830,
# 22 Exhibit U Part 2,
# 23 Exhibit U Part 3,
# 24 Exhibit V Emails Pilmer May 1 and Graber May 2 2012,
# 25 Exhibit W RBS-CUNA1405969,
# 26 Exhibit ABA Formal Op 93-378) (Tillery, Stephen) Requested attorney file
declaration as individual docket entry on 10/9/2013 (jaf). Modified on 10/10/2013
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(jaf). (Entered: 10/08/2013)
10/09/2013
290 Declaration of Michael E Klenov filed by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, MEMBERS Life Insurance Company in Support
of Motion to Vacate Sanctions Against CUNA Mutual and to Assess Sanctions
Against RBS re: 287 Motion to Vacate, (Sealed Document) (Tillery, Stephen)
(Entered: 10/09/2013)
10/09/2013
291 ORDER denying 254 Motion for Reconsideration by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance Company on
the issue of whether plaintiffs may argue rescission on the grounds of mutual
mistake. Signed by District Judge William M. Conley on 10/8/2013. (arw) (Entered:
10/09/2013)
10/10/2013
292 Joint Motion for Briefing Schedule re: 287 Motion to Vacate Sanctions Against
CUNA Mutual and to Assess Sanctions Against RBS by Defendant RBS Securities,
Inc. (Horowitz, David) Modified on 10/10/2013. (arw) (Entered: 10/10/2013)
10/10/2013
293 ** TEXT ONLY ORDER **
ORDER granting 292 Joint Motion for Briefing Schedule re: 287 Motion to Vacate
Sanctions Against CUNA Mutual and Assess Sanctions Against RBS. Signed by
District Judge William M. Conley on 10/10/2013. (arw) (Entered: 10/10/2013)
10/10/2013
Reset Briefing Deadlines re: 287 Motion to Vacate Sanctions Against CUNA
Mutual and Assess Sanctions Against RBS. Brief in Opposition due 10/29/2013.
Brief in Reply due 11/12/2013. (arw) (Entered: 10/10/2013)
10/15/2013
294 Brief in Opposition by Defendant RBS Securities, Inc. re: 286 Motion for
Discovery, filed by MEMBERS Life Insurance Company, CUNA Mutual Insurance
Society, CUMIS Insurance Society to Permit Additional Business Records
Depositions (Pilmer, Robert) (Entered: 10/15/2013)
10/16/2013
295 ** TEXT ONLY ORDER **
Plaintiffs' motion for court permission to exceed the parties' agreed-upon limit of 20
depositions in this case is granted in principle but not as specifically framed. This
court's constant and predictable position on discovery limits is that, while parties
will be held to their agreements, ultimately every party may obtain all discovery that
is more useful than burdensome given the size and nature of the lawsuit and the date
on the litigation calendar. So it is here. If defendant chooses not to stipulate to the
authenticity of documents, then plaintiffs may take as many depositions as they
actually need to establish the admissibility of those documents in this lawsuit,
regardless how high above 20 depositions this takes them. Such depositions would
be allowed only for and limited to the purpose of laying necessary evidentiary
foundations; in other words, this is not a loophole that allows either side to evade
the parties' deposition limit agreement. Instead, this is the sort of reasonable
accommodation between the parties envisioned by Rule 1 and ordered by this court
in the March 13, 2012 preliminary pretrial conference order, dkt. 28 at 1. In a $70
million lawsuit between large, sophisticated corporations, picking at discovery nits
is the sort of arrant pedantry up with which this court shall not put. The parties and
their lawyers should comport themselves accordingly. Signed by Magistrate Judge
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Stephen L. Crocker on 10/16/2013. (arw) (Entered: 10/16/2013)
10/22/2013
296 MOTION TO DISMISS Pursuant to Federal Rule of Civil Procedure 12(b)(6) by
Defendant RBS Securities, Inc. Brief in Opposition due 11/12/2013. Brief in Reply
due 11/22/2013. (Pilmer, Robert) (Entered: 10/22/2013)
10/22/2013
297 Brief in Support of 296 Motion to Dismiss Pursuant to Federal Rule of Civil
Procedure 12(b)(6) by Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered:
10/22/2013)
10/22/2013
298 Request for Judicial Notice re: 296 MOTION TO DISMISS Pursuant to Federal
Rule of Civil Procedure 12(b)(6) by Defendant RBS Securities, Inc. Response due
10/29/2013. (Pilmer, Robert) Modified on 10/24/2013. (arw) (Entered: 10/22/2013)
10/22/2013
299 Declaration of David Horowitz filed by Defendant RBS Securities, Inc. in Support
of Request for Judicial Notice in Support of Motion to Dismiss re: 298 Motion for
Miscellaneous Relief. (Attachments:
# 1 Exhibit 1 - RBS's Third Set of Requests for Production to CMFG Life Ins. Co.,
RBS's Third Set of Requests for Production to CUMIS Ins. Society, Inc., RBS's
Third Set of Requests for Production to MEMBERS Life Ins. Co.,
# 2 Exhibit 2 - CUNA's Consolidated Responses to RBS's Third Set of Requests for
Production,
# 3 Exhibit 3 - 09/19/2013 S. Sortor to J. Bhimani Letter,
# 4 Exhibit 4 - CUNARBS003319513 - 003319590,
# 5 Exhibit 5 - 10/08/2013 S. Sortor to J. Bhimani Letter,
# 6 Exhibit 6 - CUNARBS003321001 - 003321016) (Pilmer, Robert) (Entered:
10/22/2013)
10/25/2013
300 Joint Motion to Amend Briefing Schedule by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, MEMBERS Life Insurance Company. Motions
referred to Magistrate Judge Stephen L. Crocker. (Gutzler, Greg) (Entered:
10/25/2013)
10/28/2013
301 ** TEXT ONLY ORDER **
ORDER granting 300 Joint Motion to Amend Briefing Schedule. Brief in
Opposition re: 296 Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and 298
Request for Judicial Notice due 11/19/2013. Brief in Reply in support of 296
Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) due 12/6/2013. Signed by
Magistrate Judge Stephen L. Crocker on 10/28/2013. (arw) (Entered: 10/28/2013)
10/29/2013
302 Brief in Opposition by Defendant RBS Securities, Inc. re: 287 Motion to Vacate,
filed by MEMBERS Life Insurance Company, CUNA Mutual Insurance Society,
CUMIS Insurance Society (Sealed Document) (Pilmer, Robert) (Entered:
10/29/2013)
10/29/2013
303 Redaction to 302 Brief in Opposition to CUNA Mutual's Motion to Vacate Sanctions
Against CUNA Mutual and To Assess Sanctions Against RBS by Defendant RBS
Securities, Inc. (Pilmer, Robert) (Entered: 10/29/2013)
10/29/2013
304 Declaration of R. Alexander Pilmer re: 302 Brief in Opposition, 287 Motion to
Vacate Sanctions Against CUNA Mutual and Assess Sanctions Against RBS.
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(Pilmer, Robert) Modified on 10/30/2013. (jaf/arw) (Entered: 10/29/2013)
10/29/2013
305 Declaration of Derek M. Milosavljevic re: 302 Brief in Opposition, 287 Motion to
Vacate Sanctions Against CUNA Mutual and Assess Sanctions Against RBS.
(Attachments:
# 1 Exhibit A - 2013.04.02 DHorowitz to MAdams Ltr,
# 2 Exhibit B - 2013.04.10 DHorowitz to MKlenov Email,
# 3 Exhibit C - 2013.04.18 DMilosavljevic to MKlenov Email,
# 4 Exhibit D - 2013.04.23 DMilosavljevic to MKlenov_MAdams Email,
# 5 Exhibit E - 2013.09.23 SAttaway to APilmer Email,
# 6 Exhibit F - D.C. Bar Legal Ethics Committee Opinions_331) (Pilmer, Robert)
Modified on 10/30/2013. (jaf/arw) (Entered: 10/29/2013)
11/12/2013
306 Brief in Reply by Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance
Society, MEMBERS Life Insurance Company in Support of 287 Motion to Vacate.
(Sealed Document) (Attachments:
# 1 Exhibit Y - CL-RBS000799,
# 2 Exhibit Z - Affidavit of D Serio from New York County Case) (Attaway, Scott)
Modified on 11/13/2013. (jaf) (Entered: 11/12/2013)
11/12/2013
307 Redacted Document re: 306 Brief in Reply by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, MEMBERS Life Insurance Company.
(Attachments:
# 1 Exhibit Y - CL-RBS000799,
# 2 Exhibit Z - Affidavit of D Serio) (Attaway, Scott) Modified on 11/13/2013. (jaf)
(Entered: 11/12/2013)
11/15/2013
308 Motion for Leave to File Supplemental Declaration in Opposition to Motion to
Vacate Sanctions re: 302 Brief in Opposition to Motion to Vacate Sanctions Against
CUNA Mutual by Defendant RBS Securities, Inc. Response due 11/22/2013.
(Attachments:
# 1 Supplemental Declaration of R. Alexander Pilmer) (Pilmer, Robert) (Entered:
11/15/2013)
11/19/2013
309 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, MEMBERS Life Insurance Company re: 308 Motion for
Miscellaneous Relief, filed by RBS Securities, Inc. Motion for Leave to File
Supplemental Declaration of R Alexander Pilmer (Tillery, Stephen) (Entered:
11/19/2013)
11/19/2013
310 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, MEMBERS Life Insurance Company re: 296 Motion to Dismiss
filed by RBS Securities, Inc. (Sealed Document) (Attachments:
# 1 Exhibit 1 February 15 2005 Letter from MBA to SEC,
# 2 Exhibit 2 February 4 2005 Letter from ASF to SEC,
# 3 Exhibit 3 January 31 2005 Letter from BMA to SEC,
# 4 Exhibit 4 RBS Compliance Manual,
# 5 Exhibit 5 RBS Operations Manual,
# 6 Exhibit 6 10/24/2005 Email,
# 7 Exhibit 7 10/26/2005 Email,
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# 8 Exhibit 8 10/28/2005 Email,
# 9 Exhibit 9 Portion of SVHE 2005-OPT4 deal-file,
# 10 Exhibit 10 11/3/2005 Email,
# 11 Exhibit 11 SVHE 2005-OPT4 Confirmation,
# 12 Exhibit 12 RBS's Responses to CUMIS's Second Set of Interrogatories)
(Klenov, Michael) (Entered: 11/19/2013)
11/19/2013
311 Redacted Document re: 313 Brief in Opposition by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance Company
(Attachments:
# 1 Exhibit 1 February 15, 2005 Letter from MBA to SEC,
# 2 Exhibit 2 February 4, 2005 Letter from ASF to SEC,
# 3 Exhibit 3 January 31 2005 Letter from BMA to SEC,
# 4 Exhibit 4 RBS Compliance Manual,
# 5 Exhibit 5 RBS Operations Manual,
# 6 Exhibit 6 10/24/2005 Email,
# 7 Exhibit 7 10/26/2005 Email,
# 8 Exhibit 10/28/2005 Email,
# 9 Exhibit 9 Portion of SVHE 2005-OPT4 deal-file,
# 10 Exhibit 10 11/3/2005 Email,
# 11 Exhibit 11 SVHE 2005-OPT4 Confirmation,
# 12 Exhibit 12 RBS's Responses to CUMIS's Second Set of Interrogatories)
(Klenov, Michael) Modified on 11/20/2013 (jaf). (Entered: 11/19/2013)
11/19/2013
312 Declaration of Michael E. Klenov re 296 Motion to Dismiss (Klenov, Michael)
Modified on 11/20/2013 (jaf). (Entered: 11/19/2013)
11/19/2013
313 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, MEMBERS Life Insurance Company re: 298 Motion for
Miscellaneous Relief filed by RBS Securities, Inc. (Klenov, Michael) (Entered:
11/19/2013)
11/19/2013
314 Request for Judicial Notice re: 310 Brief in Opposition to RBS's Motion to Dismiss
by Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance Society,
MEMBERS Life Insurance Company. Response due 11/26/2013. (Klenov, Michael)
Modified on 11/21/2013. (arw) (Entered: 11/19/2013)
11/21/2013
315 Joint Motion to Amend Briefing Schedule by Defendant RBS Securities, Inc..
Motions referred to Magistrate Judge Stephen L. Crocker. (Pilmer, Robert) (Entered:
11/21/2013)
11/21/2013
316 ** TEXT ONLY ORDER **
ORDER granting 315 Joint Motion to Amend Briefing Schedule. Brief in
Opposition re: 314 Request for Judicial Notice due 12/6/2013. Signed by Magistrate
Judge Stephen L. Crocker on 11/21/2013. (arw) (Entered: 11/21/2013)
11/21/2013
317 Motion for Hearing re: 287 Motion to Vacate Sanctions Against CUNA Mutual and
Assess Sanctions Against RBS (Request for Oral Argument) by Defendant RBS
Securities, Inc. Response due 12/2/2013. (Pilmer, Robert) (Entered: 11/21/2013)
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11/25/2013
318 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, MEMBERS Life Insurance Company re: 317 Motion for Hearing
filed by RBS Securities, Inc. (Tillery, Stephen) (Entered: 11/25/2013)
12/06/2013
319 Brief in Reply by Defendant RBS Securities, Inc. in Support of 296 Motion to
Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Pilmer, Robert)
(Entered: 12/06/2013)
12/06/2013
320 Declaration of Gavin Campbell re 319 Brief in Reply in Support of RBS's Motion to
Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Attachments:
# 1 Exhibit A - RBS's Fifth Set of Interrogatories to CMFG,
# 2 Exhibit B - CMFG's Responses to RBS's Fifth Set of Interrogatories,
# 3 Exhibit C - RBS's Amended Response to CUMIS's Interrogatory No. 17)
(Pilmer, Robert) (Entered: 12/06/2013)
12/06/2013
321 Brief in Opposition by Defendant RBS Securities, Inc. re: 314 Motion for
Miscellaneous Relief, filed by MEMBERS Life Insurance Company, CUNA Mutual
Insurance Society, CUMIS Insurance Society (Pilmer, Robert) (Entered:
12/06/2013)
12/09/2013
322 Notice of Supplemental Authority by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company re 296 MOTION
TO DISMISS Pursuant to Federal Rule of Civil Procedure 12(b)(6) . (Attachments:
# 1 Exhibit A RBS's Responses and Objections to CUNA's Notice of Rule 30b6
Deposition,
# 2 Exhibit B Gutzler and Pilmer email string RE 30b6 Deposition) (Berezney,
Steven) (Entered: 12/09/2013)
12/10/2013
323 Response to 322 Notice of Supplemental Authority by Defendant RBS Securities,
Inc. (Pilmer, Robert) (Entered: 12/10/2013)
12/11/2013
324 Motion to Admit Whitney Cloud Pro Hac Vice. (Pro Hac Vice fee $50, receipt
number 0758-1269790) by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, MEMBERS Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Cloud, Whitney) (Entered: 12/11/2013)
12/12/2013
325 ** TEXT ONLY ORDER **
ORDER granting 324 Motion to Admit Whitney Cloud Pro Hac Vice. Signed by
Magistrate Judge Peter Oppeneer on 12/12/2013. (arw) (Entered: 12/12/2013)
01/17/2014
326 Motion to Compel by Plaintiffs CUMIS Insurance Society, CUNA Mutual Insurance
Society, MEMBERS Life Insurance Company. Motions referred to Magistrate Judge
Stephen L. Crocker. Response due 1/24/2014. (Berezney, Steven) (Entered:
01/17/2014)
01/17/2014
327 Redacted Brief in Support of 326 Motion to Compel by Plaintiffs CUMIS Insurance
Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance Company.
(Attachments:
# 1 Exhibit A 10/22/13 CMFG's Seventh Set of RFP's to RBS,
# 2 Exhibit B 11/21/13 RBS's Responses to CMFG's 7th RFP,
# 3 Exhibit C 10/24/13 CUNA's Amended Third Set of RFA's to RBS,
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# 4 Exhibit D 11/22/13 RBS's Response to Third Amended RFA's,
# 5 Exhibit E Correspondence between CUNA and RBS Counsel,
# 6 Exhibit F RBS-CUNA1420746 April 12 2007 RBS Memorandum Business
Proposal,
# 7 Exhibit G RBS-CUNA1420757 April 13 2007 RBS Memorandum Credit
Analysis,
# 8 Exhibit H RBS-CUNA1420769 April 13 2007 RBS Memorandum Credit
Comments,
# 9 Exhibit I 12/12/13 Rose Correspondence to Spicer Responding to 11/27/13
Letter,
# 10 Exhibit J 11/7/13 SEC Press Release,
# 11 Exhibit K 11/7/13 SEC Complaint,
# 12 Exhibit L 1/17/13 Farrell Exhibit 25) (Berezney, Steven) Modified on
1/22/2014. (arw) (Entered: 01/17/2014)
01/17/2014
328 Brief in Support of 326 Motion to Compel by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, MEMBERS Life Insurance Company (Sealed
Document) (Attachments:
# 1 Exhibit A 10/22/13 CMFG's Seventh Set of RFP's to RBS,
# 2 Exhibit B 11/21/13 RBS's Responses to CMFG's 7th RFP,
# 3 Exhibit C 10/24/13 CUNA's Amended Third Set of RFA's to RBS,
# 4 Exhibit D 11/22/13 RBS's Response to Third Amended RFA's,
# 5 Exhibit E Correspondence between CUNA and RBS Counsel,
# 6 Exhibit F RBS-CUNA1420746 April 12 2007 RBS Memorandum Business
Proposal,
# 7 Exhibit G RBS-CUNA1420757 April 13 2007 RBS Memorandum Credit
Analysis,
# 8 Exhibit H RBS-CUNA1420769 April 13 2007 RBS Memorandum Credit
Comments,
# 9 Exhibit I 12/12/13 Rose Correspondence to Spicer Responding to 11/27/13
Letter,
# 10 Exhibit J 11/7/13 SEC Press Release,
# 11 Exhibit K 11/7/13 SEC Complaint,
# 12 Exhibit L 1/17/13 Farrell Exhibit 25) (Berezney, Steven) (Entered: 01/17/2014)
01/17/2014
329 SEC Transcript of William C. Gallagher taken on 11/29/2012. (Sealed Document)
(Attachments:
# 1 November 29, 2012 Gallagher (SEC) Deposition Transcript Part 2,
# 2 November 29, 2012 Gallagher (SEC) Deposition Transcript Part 3) (Berezney,
Steven) Modified on 1/22/2014. (arw) (Entered: 01/17/2014)
01/21/2014
330 Unopposed Motion for Extension of Time by Defendant RBS Securities, Inc.
Motions referred to Magistrate Judge Stephen L. Crocker. (Pilmer, Robert) (Entered:
01/21/2014)
01/21/2014
331 ** TEXT ONLY ORDER **
ORDER granting 330 Unopposed Motion for Extension of Time by Defendant RBS
Securities, Inc. Brief in Opposition re: 326 Motion to Compel due 1/31/2014.
Signed by Magistrate Judge Stephen L. Crocker on 1/21/2014. (arw) (Entered:
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01/21/2014)
01/21/2014
Set Deadlines and Hearings re: 326 Motion to Compel by Plaintiffs CUMIS
Insurance Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance
Company. Telephone Motion Hearing set for 2/5/2014 at 3:00 PM before Magistrate
Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to
chambers at (608) 264-5153. (arw/slc) (Entered: 01/21/2014)
01/31/2014
332 Brief in Opposition by Defendant RBS Securities, Inc. re: 326 Motion to Compel
filed by MEMBERS Life Insurance Company, CUNA Mutual Insurance Society,
CUMIS Insurance Society (Sealed Document) (Pilmer, Robert) (Entered:
01/31/2014)
01/31/2014
333 Declaration of Gavin Campbell filed by Defendant RBS Securities, Inc. in Support
of RBS Securities Inc.'s Opposition re: 326 Motion to Compel (Sealed Document)
(Attachments:
# 1 Exhibit 01-Ltr fr DHorowitz to TSpicer 01.22.2013,
# 2 Exhibit 02-Ltr fr TSpicer to DHorowitz 11.30.2012 (CONFIDENTIAL),
# 3 Exhibit 03-Ltr fr TSpicer to JBhimani 01.18.2013,
# 4 Exhibit 04-Ltr fr TSpicer to DHorowitz 01.28.2013,
# 5 Exhibit 05-Email fr DHorowitz to TSpicer 01.31.2014,
# 6 Exhibit 06-CMFG 6th RFP,
# 7 Exhibit 07-CUNA 4th RFA,
# 8 Exhibit 08-Email fr KRose to MWinter 01.15.2014,
# 9 Exhibit 09-RBS-CUNA1424146 (CONFIDENTIAL),
# 10 Exhibit 10-Email fr KRose to CUNA 09.13.2013,
# 11 Exhibit 11-Ltr fr TSpicer to APilmer 11.27.2013 (CONFIDENTIAL),
# 12 Exhibit 12-Ltr to KRose 01.31.2014 (CONFIDENTIAL),
# 13 Exhibit 13-Email fr SBerezney to GCampbell 12.03.2013,
# 14 Exhibit 14-Amended 30(b)(6) Notice (CONFIDENTIAL)) (Pilmer, Robert)
(Entered: 01/31/2014)
01/31/2014
334 Redaction to 332 Brief in Opposition to CUNA Mutual's Motion to Compel by
Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered: 01/31/2014)
01/31/2014
335 Redaction to 333 Declaration of Gavin Campbell in Support of RBS Securities Inc.'s
Opposition to CUNA's Motion to Compel by Defendant RBS Securities, Inc.
(Attachments:
# 1 Exhibit 01-Ltr fr DHorowitz to TSpicer 01.22.2013,
# 2 Exhibit 02-Filed Under Seal,
# 3 Exhibit 03-Ltr fr TSpicer to JBhimani 01.18.2013,
# 4 Exhibit 04-Ltr fr TSpicer to DHorowitz 01.28.2013,
# 5 Exhibit 05-Email fr DHorowitz to TSpicer 01.31.2014,
# 6 Exhibit 06-CMFG 6th RFP,
# 7 Exhibit 07-CUNA 4th RFA,
# 8 Exhibit 08-Email fr KRose to MWinter 01.15.2014,
# 9 Exhibit 09-Filed Under Seal,
# 10 Exhibit 10-Email fr KRose to CUNA 09.13.2013,
# 11 Exhibit 11-Filed Under Seal,
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# 12 Exhibit 12-Filed Under Seal,
# 13 Exhibit 13-Email fr SBerezney to GCampbell 12.03.2013,
# 14 Exhibit 14-Filed Under Seal) (Pilmer, Robert) (Entered: 01/31/2014)
02/05/2014
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Motion Hearing held on 2/5/2014 re: 326 Motion to Compel filed by
MEMBERS Life Insurance Company, CUNA Mutual Insurance Society, CUMIS
Insurance Society. [:50] (Court Reporter LS) (skv) (Entered: 02/05/2014)
02/05/2014
336 ** TEXT ONLY ORDER **
On February 5, 2014, the court held a telephonic hearing on plaintiff's motion to
compel discovery 326 . After discussing the motion with both sides, the court
denied it in all respects. Each side will bear its own costs on this motion. Signed by
Magistrate Judge Stephen L. Crocker on 2/5/2014. (arw) (Entered: 02/05/2014)
02/05/2014
337 Motion to Strike Ira Holt's Expert Report Pursuant to Federal Rules of Civil
Procedures 26(a)(2)(B) and 37(c)(2) (Sealed Document) by Defendant RBS
Securities, Inc. Response due 2/12/2014. (Pilmer, Robert) (Entered: 02/05/2014)
02/05/2014
338 Deposition of Ira Holt taken on January 16, 2014 Ex. B (Sealed Document) (Pilmer,
Robert) (Entered: 02/05/2014)
02/05/2014
339 Declaration of David I. Horowitz filed by Defendant RBS Securities, Inc. re: 337
Motion to Strike (Sealed Document) (Attachments:
# 1 Exhibit A-Examples RBS Rebuttal Forms,
# 2 Exhibit B-Holt Tr_Filed Under Seal as Separate Dkt Enty,
# 3 Exhibit C-Parties' Email 04.01.2013,
# 4 Exhibit D-Parties' Email 04.01.2013,
# 5 Exhibit E-Parties' Email 04.02.2013,
# 6 Exhibit F-Email 05.09.2013,
# 7 Exhibit G-Email fr GGutzler to PLeaf 05.21.2013,
# 8 Exhibit H-Holt Survey Results filed in a disc,
# 9 Exhibit I-Loan 1000918216 handwritten notes,
# 10 Exhibit J-Loan 1000918216 formula spreadheet,
# 11 Exhibit K-Loan 98015305 handwritten notes,
# 12 Exhibit L-Loan 98015305 formula spreadsheet,
# 13 Exhibit M-Loan 1000891734 handwritten notes,
# 14 Exhibit N-Loan 1000891734 formula spreadsheet,
# 15 Exhibit O-Loan 90479338 handwritten notes,
# 16 Exhibit P-Loan 90479338 formula spreadsheet,
# 17 Exhibit Q-Loan 64179416 handwritten notes,
# 18 Exhibit R-Loan 64179416 formula spreadsheet,
# 19 Exhibit S-Loan 85719656 handwritten notes,
# 20 Exhibit T-Loan 85719656 formula spreadsheet,
# 21 Exhibit U-Loan 155402209 handwritten notes,
# 22 Exhibit V-Loan 155402209 formula spreadsheet,
# 23 Exhibit W-Rental Agmt) (Pilmer, Robert) (Entered: 02/05/2014)
02/05/2014
340 Redaction to 337 Motion to Strike Ira Holt's Expert Report Pursuant to Federal
Rules of Civil Procedures 26(a)(2)(B) and 37(c)(2) by Defendant RBS Securities,
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Inc. (Pilmer, Robert) Modified on 2/6/2014 (jaf). (Entered: 02/05/2014)
02/05/2014
02/06/2014
341 Redaction to 339 Declaration of David I. Horowitz by Defendant RBS Securities,
Inc. (Attachments:
# 1 Exhibit A-Filed Under Seal,
# 2 Exhibit B-Filed Under Seal as Separate Dkt Enty,
# 3 Exhibit C-Parties' Email 04.01.2013,
# 4 Exhibit D-Parties' Email 04.01.2013,
# 5 Exhibit E-Parties' Email 04.02.2013,
# 6 Exhibit F-Email fr PLeaf 05.09.2013,
# 7 Exhibit G-Email fr GGutzler to PLeaf 05.21.2013,
# 8 Exhibit H-Holt Survey Results filed in a disc,
# 9 Exhibit I through W-Filed Under Seal) (Pilmer, Robert) (Entered: 02/05/2014)
Reset Briefing Deadlines re: 337 Motion to Strike Ira Holt's Expert Report Pursuant
to Federal Rules of Civil Procedures 26(a)(2)(B) and 37(c)(2). Brief in Opposition
due 2/19/2014. Brief in Reply due 2/26/2014. (arw/slc) (Entered: 02/06/2014)
02/06/2014
342 Transcript of Telephonic Motion Hearing, held 2/5/2014 before Magistrate Judge
Stephen L. Crocker. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (arw) (Entered:
02/06/2014)
02/07/2014
343 MOTION FOR SUMMARY JUDGMENT by Defendant RBS Securities, Inc.
Brief in Opposition due 2/28/2014. Brief in Reply due 3/10/2014. (Pilmer, Robert)
(Entered: 02/07/2014)
02/07/2014
344 Deposition of Jack Call taken on April 10, 2013 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
345 Deposition of David Marks taken on November 29, 2012 (Sealed Document)
(Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
346 Deposition of Julie Cook taken on April 19, 2013 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
347 Deposition of Mark Prusha taken on March 20, 2013 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
348 Deposition of Mark Prusha taken on November 27, 2012 (Sealed Document)
(Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
349 Deposition of Mark Prusha taken on March 21, 2013 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
350 Deposition of Michael Carothers taken on May 17, 2013 (Sealed Document)
(Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
351 Deposition of Jacqueline Doty (CoreLogic 30b6) taken on May 13, 2013 (Sealed
Document) (Pilmer, Robert) (Entered: 02/07/2014)
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352 Expert Report of Lee Kennedy by Defendant RBS Securities, Inc. (Sealed
Document) (Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
353 Expert Report of Arnold Barnett by Defendant RBS Securities, Inc. (Sealed
Document) (Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
354 Expert Report of Ira Holt by Defendant RBS Securities, Inc. (Sealed Document)
(Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
355 Deposition of Ira Holt taken on January 16, 2014 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
356 Deposition of Charles Cowan taken on January 14, 2014 (Sealed Document)
(Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
357 Deposition of Jeremy Stark taken on April 2, 2013 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
358 Deposition of Bradley Krueger and Richard Sapp taken on July 26, 2012 (Sealed
Document) (Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
359 Deposition of Bradley Krueger and Karen Knapp taken on December 19, 2012
(Sealed Document) (Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
360 Deposition of Sean Curran taken on May 15, 2013 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
361 Deposition of Brian Farrell taken on January 17, 2013 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
362 Deposition of Scott Gimpel taken on May 16, 2013 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
363 Deposition of Shakti Radhakishun taken on May 30, 2013 (Sealed Document)
(Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
364 Deposition of Frank Skibo taken on February 21, 2013 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
365 Deposition of Adam Smith taken on January 29, 2014 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
366 Deposition of Peter McMullin taken on May 21, 2013 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
367 Deposition of Ken Zegar taken on March 8, 2013 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
368 Deposition of Frank Camacho taken on January 28, 2013 (Sealed Document)
(Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
369 Deposition of Joe Walsh taken on January 10, 2014 (Sealed Document) (Pilmer,
Robert) (Entered: 02/07/2014)
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370 Expert Report of Faten Sabry by Defendant RBS Securities, Inc. (Sealed Document)
(Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
371 Deposition of Tracy Hillsgrove taken on March 18, 2013 (Sealed Document)
(Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
372 Expert Report of Charles Cowan by Defendant RBS Securities, Inc. (Sealed
Document) (Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
373 Declaration of Kristin Rose filed by Defendant RBS Securities, Inc. re: 343 Motion
for Summary Judgment (Sealed Document) (Attachments:
# 1 Exhibit 001_CUNA 2005 Annual Report,
# 2 Exhibit 002_CUNARBS001524009,
# 3 Exhibit 003-004_Filed Under Seal As Separate Dkt Entries,
# 4 Exhibit 005_Marks 08.15.07 ICC Memo,
# 5 Exhibit 006_CUNARBS000852041,
# 6 Exhibit 007_Filed Under Seal as a Sep Dkt Entry,
# 7 Exhibit 008_Trade Conf CUNARBS003319513-90; 21001-16,
# 8 Exhibit 009_CMFG Resp to Rog 20,
# 9 Exhibit 010-Part 1_ProSupp AMSI 2004-FR1,
# 10 Exhibit 010-Part 2_ProSupp AMSI 2004-FR1) (Pilmer, Robert) (Entered:
02/07/2014)
02/07/2014
374 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 011-Part
1_ProSupp HVMLT 2005-15 (Sealed Document) (Attachments:
# 1 Exhibit 011-Part 2_ProSupp HVMLT 2005-15-2,
# 2 Exhibit 012_MMLT 2005-3 Private Placement Memo,
# 3 Exhibit 013-Part 1_ProSupp RALI 2006-QS3,
# 4 Exhibit 013-Part 2_ProSupp RALI 2006-QS3-2,
# 5 Exhibit 014_ProSupp RAMC 2004-4,
# 6 Exhibit 015_ProSupp RAMC 2005-4) (Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
375 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 016-Part
1_ProSupp RBSGC 2005-A (Sealed Document) (Attachments:
# 1 Exhibit 016-Part 2_ProSupp RBSGC 2005-A,
# 2 Exhibit 017-Part 1_ProSupp RBSGC 2007-2,
# 3 Exhibit 017-Part 2_ProSupp RBSGC 2007-2,
# 4 Exhibit 018-Part 1_ProSupp SVHE 2005-B,
# 5 Exhibit 018-Part 2_ProSupp SVHE 2005-B,
# 6 Exhibit 019_SHVE 2005-B Private Placement Memo,
# 7 Exhibit 020_ProSupp SVHE 2005-OPT4) (Pilmer, Robert) (Entered:
02/07/2014)
02/07/2014
376 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 021-Part
1_ProSupp MMLT 2005-3 (Sealed Document) (Attachments:
# 1 Exhibit 021-Part 2_ProSupp MMLT 2005-3,
# 2 Exhibit 022_Prusha Declaration,
# 3 Exhibit 023_CUNA Am Resp to Rog 3,
# 4 Exhibit 024_CUNA 5th Am Resp to Rogs 8,
# 5 Exhibit 025-026_Filed Under Seal As Separate Dkt Entries,
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# 6 Exhibit 027_RBS's Interr No 8,
# 7 Exhibit 028_CUNA Initial Resp to Rog 8,
# 8 Exhibit 029_CUNA 3rd Am Resp to Rog 8,
# 9 Exhibit 030_CUNA 4th Am Resp to Rog 8) (Pilmer, Robert) (Entered:
02/07/2014)
02/07/2014
377 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc.
31_CUNARBS000403232 (Sealed Document) (Attachments:
# 1 Exhibit \032_CUNA Oppn to Spoliation Sanct. Mot,
# 2 Exhibit 033_CUNA Opp to MTD SAC,
# 3 Exhibit 034_AMSI 2004-FR1 Deal File,
# 4 Exhibit 035-Part 1_RAMC 2004-4 Deal File,
# 5 Exhibit 035-Part 2_RAMC 2004-4 Deal File,
# 6 Exhibit 035-Part 3_RAMC 2004-4 Deal File,
# 7 Exhibit 035-Part 4_RAMC 2004-4 Deal File) (Pilmer, Robert) (Entered:
02/07/2014)
02/07/2014
378 Exhibit H Holt Survey Results filed on CD-ROM to 339 Declaration of David I.
Horowitz, filed by RBS Securities, Inc. Exhibit maintained in Clerk's Office Exhibit
Room. (arw) (Entered: 02/07/2014)
02/07/2014
379 Motion to Exclude the Valuation Opinions of Dr. Charles Cowan by Defendant RBS
Securities, Inc. Response due 2/14/2014. (Modl, Michael) (Entered: 02/07/2014)
02/07/2014
380 Brief in Support of 379 Motion for Miscellaneous Relief Motion to Exclude the
Valuation Opinions of Dr. Charles Cowan by Defendant RBS Securities, Inc.
(Sealed Document) (Modl, Michael) (Entered: 02/07/2014)
02/07/2014
381 MOTION FOR SUMMARY JUDGMENT (Partial) by Plaintiffs CUMIS
Insurance Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance
Company. Brief in Opposition due 2/28/2014. Brief in Reply due 3/10/2014.
(Berezney, Steven) (Entered: 02/07/2014)
02/07/2014
382 Declaration of Derek M. Milosavljevic filed by Defendant RBS Securities, Inc.
Motion to Exclude the Valuation Opinions of Dr. Charles Cowan re: 379 Motion for
Miscellaneous Relief (Sealed Document) (Attachments:
# 1 Exhibit A - Cowan Supp Report 9.4.13,
# 2 Exhibit B - Cowan 2nd Supp Report 10.25.13,
# 3 Exhibit C - Barnet Report 11.22.13,
# 4 Exhibit D - Kennedy Report 11.22.13,
# 5 Exhibit E - ValuePoint4 Study,
# 6 Exhibit F - White Paper - July 2011,
# 7 Exhibit G - White Paper - August 2010,
# 8 Exhibit H - Excerpts from Appraisal Std Bd,
# 9 Exhibit I - Excerpts fr Interagency Appraisal & Eval Guidelines,
# 10 Exhibit J - Exceprt CUNARBS000193927,
# 11 Exhibit K - Excerpt CL-RBS000865) (Modl, Michael) (Entered: 02/07/2014)
02/07/2014
383 Redacted Brief in Support of 379 Motion for Miscellaneous Relief Motion to
Exclude the Valuation Opinions of Dr. Charles Cowan by Defendant RBS
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Securities, Inc. (Modl, Michael) (Entered: 02/07/2014)
02/07/2014
384 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 036-Part
1_SVHE 2005-B Deal File (Sealed Document) (Attachments:
# 1 Exhibit 036-Part 2_SVHE 2005-B Deal,
# 2 Exhibit 036-Part 3_SVHE 2005-B Deal,
# 3 Exhibit 036-Part 4_SVHE 2005-B Deal) (Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
385 Redacted Declaration of Derek M. Milosavljevic filed by Defendant RBS Securities,
Inc. Motion to Exclude the Valuation Opinions of Dr. Charles Cowan re: 379
Motion for Miscellaneous Relief (Attachments:
# 1 Exhibit A-E - Filed Under Seal,
# 2 Exhibit F - Value Paper - July 2011,
# 3 Exhibit G - White Paper - Aug 2010,
# 4 Exhibit H - Excerpts from Appraisal Std Bd,
# 5 Exhibit I - Excerpts fr Interagency Appraisal & Eval Guidelines,
# 6 Exhibit J-K - Filed Under Seal) (Modl, Michael) (Entered: 02/07/2014)
02/07/2014
386 Brief in Support of 381 Motion for Summary Judgment (Partial) by Plaintiffs
CUMIS Insurance Society, CUNA Mutual Insurance Society, MEMBERS Life
Insurance Company (Attachments:
# 1 Exhibit A - Allstate v Morgan Stanley 03.14.2013 New York Supreme Court)
(Berezney, Steven) (Entered: 02/07/2014)
02/07/2014
387 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 41_RBSCUNA0367030-31 (Sealed Document) (Attachments:
# 1 Exhibit 042_RBS-CUNA0367228,
# 2 Exhibit 043_RBS-CUNA0283602,
# 3 Exhibit 044_RBS-CUNA0283608) (Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
388 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 045_RBSCUNA0443604-05 (Sealed Document) (Attachments:
# 1 Exhibit 046_RBS-CUNA0438084,
# 2 Exhibit 047_HVMLT 2005-15 Deal File,
# 3 Exhibit 048_Filed Under Seal as a Sep Dkt Entry,
# 4 Exhibit 049_RALI 2006-QS3 Deal File,
# 5 Exhibit 050_RBSGC 2005-A Deal File) (Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
389 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc.
051_CUNARBS000348750-779 (Sealed Document) (Attachments:
# 1 Exhibit 052_Bhimani to Spicer 01.18.13 Ltr,
# 2 Exhibit 053_RBS-CUNA0165268,
# 3 Exhibit 054_Filed Under Seal as a Sep Dkt Entry) (Pilmer, Robert) (Entered:
02/07/2014)
02/07/2014
390 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 055-Part
1_PX 153 Reg Stat SEC (Sealed Document) (Attachments:
# 1 Exhibit 055-Part 2_PX 153 Reg Stat SEC-2) (Pilmer, Robert) (Entered:
02/07/2014)
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391 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc.
056_08/31/01 Amend#1 To Registration SEC (Sealed Document) (Attachments:
# 1 Exhibit 057_FASC_GCA 01.29.07,
# 2 Exhibit 058_CMFG Resp to Rog 17_09.12.12,
# 3 Exhibit 059_Doty Declaration,
# 4 Exhibit 060-062_Filed Under Seal as a Sep Dkt Entry) (Pilmer, Robert)
(Entered: 02/07/2014)
02/07/2014
392 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 063_RBSCUNA0000464 (Sealed Document) (Attachments:
# 1 Exhibit 064_AMSI 2004-FR1 UWG Agmt,
# 2 Exhibit 065_MLPA_RBS-CUNA0404696-781) (Pilmer, Robert) (Entered:
02/07/2014)
02/07/2014
393 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc.
066_MLPA_RBS-CUNA0419748-89 (Sealed Document) (Attachments:
# 1 Exhibit 067_RALI 2006-QS3 UWG Agmt,
# 2 Exhibit 068_RAMC 2004-4 UWG Agmt,
# 3 Exhibit 069_RAMC 2005-4 UWG Agmt,
# 4 Exhibit 070_Master MLPA_RBS-CUNA0031874-934) (Pilmer, Robert)
(Entered: 02/07/2014)
02/07/2014
394 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 071_RBSCUNA0404846 (Sealed Document) (Attachments:
# 1 Exhibit 072_Master MLPA_RBS-CUNA0419492-542,
# 2 Exhibit 073_Master MLPA_RBS-CUNA0405954-97) (Pilmer, Robert) (Entered:
02/07/2014)
02/07/2014
395 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 074_Master
MLPA_RBS-CUNA034113-210 (Sealed Document) (Attachments:
# 1 Exhibit 075_MLPA_RBS-CUNA0653749-801) (Pilmer, Robert) (Entered:
02/07/2014)
02/07/2014
396 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 076_Master
MLPA_RBS-CUNA0403099-204 (Sealed Document) (Attachments:
# 1 Exhibit 077_Master MLPA_RBS-CUNA0404450-501,
# 2 Exhibit 078_Master MLPA_RBS-CUNA0010451-82) (Pilmer, Robert) (Entered:
02/07/2014)
02/07/2014
397 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 079_Master
MLPA_RBS-CUNA0010483-99 (Sealed Document) (Attachments:
# 1 Exhibit 080_Filed Under Seal as a Sep Dkt Entry,
# 2 Exhibit 082_Filed Under Seal as a Sep Dkt Entry,
# 3 Exhibit 083_Filed Under Seal as a Sep Dkt Entry,
# 4 Exhibit 084_CUNARBS003321684,
# 5 Exhibit 085_Filed Under Seal as a Sep Dkt Entry,
# 6 Exhibit 086_CUNARBS000533638,
# 7 Exhibit 087_CUNARBS000688251-53,
# 8 Exhibit 089_CUNARBS000098610,
# 9 Exhibit 090_CUNARBS000390204) (Pilmer, Robert) (Entered: 02/07/2014)
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398 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc.
091_CUNARBS003321324 (Sealed Document) (Attachments:
# 1 Exhibit 092_CUNARBS000303536,
# 2 Exhibit 093_Marks Memo CUNARBS000217761,
# 3 Exhibit 094_CUNARBS000600854,
# 4 Exhibit 095_Marks Memo,
# 5 Exhibit 096_Marks Memo CUNARBS000225895,
# 6 Exhibit 097_Marks Dep Ex 32,
# 7 Exhibit 098_RBS unit involved in SEC inquiry,
# 8 Exhibit 099_Americans look into RBS sub-prime deals,
# 9 Exhibit 100_NJ Carpenters v.RBS_Notice of Removal,
# 10 Exhibit 101_Wells Fargo LA Times 01.31.06,
# 11 Exhibit 102_Wells FargoTestimony 10.16.08,
# 12 Exhibit 103-104_Filed Under Seal as a Sep Dkt Entry,
# 13 Exhibit 105_Cert of Destruction CUNARBS000838346) (Pilmer, Robert)
(Entered: 02/07/2014)
02/07/2014
399 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 107_Appd
For Destr List CUNARBS000840218 (Sealed Document) (Attachments:
# 1 Exhibit 108_Delete List CUNARBS000840179,
# 2 Exhibit 109_Litigation Hold List CUNARBS000840130,
# 3 Exhibit 110_Mailboxes To Be Purged CUNARBS000840252,
# 4 Exhibit 111_Krueger_Knapp Dep Ex 47,
# 5 Exhibit 112_Memo ISO Mot for Spoliation Sanct,
# 6 Exhibit 113_Lawson Death Certificate,
# 7 Exhibit 114_MCristea Ltr re DLawson,
# 8 Exhibit 115-117_Filed Under Seal as a Sep Dkt Entry,
# 9 Exhibit 118_WMC NYT 01.22.08) (Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
400 Proposed Findings of Fact filed by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company re: 381 Motion for
Summary Judgment (Partial) (Sealed Document) (Attachments:
# 1 Exhibit 1 2013.05.17 Carothers Deposition,
# 2 Exhibit 2 K. Thompson Affidavit dated 2/6/14,
# 3 Exhibit 3 2013.04.12 Lin Deposition) (Berezney, Steven) (Entered: 02/07/2014)
02/07/2014
401 Exhibit 4 Business Inquiry - RBS Securities Inc. to 400 Proposed Findings of Fact,
filed by MEMBERS Life Insurance Company, CUNA Mutual Insurance Society,
CUMIS Insurance Society. (Sealed Document) (Berezney, Steven) Modified on
2/10/2014. (arw) (Entered: 02/07/2014)
02/07/2014
402 Exhibit 5 Corrected BUY TKT - Members Capital Advisors to 400 Proposed
Findings of Fact, filed by MEMBERS Life Insurance Company, CUNA Mutual
Insurance Society, CUMIS Insurance Society. (Sealed Document) (Berezney,
Steven) (Entered: 02/07/2014)
02/07/2014
403 Exhibit 6 CUNARBS000348780 2013.03.21 Prusha Depo Exhibit 52, Part 1 to 400
Proposed Findings of Fact, filed by MEMBERS Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society. (Sealed Document)
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(Attachments:
# 1 Exhibit 6 CUNARBS000348780 2013.03.21 Prusha Depo Exhibit 52, Part 2,
# 2 Exhibit 6 Part 3,
# 3 Exhibit 6 Part 4) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
02/07/2014
404 Exhibit 7 CUNARBS000349853 2013.03.21 Prusha Depo Exhibit 53 Part 1 to 400
Proposed Findings of Fact, filed by MEMBERS Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society. (Sealed Document)
(Attachments:
# 1 Exhibit 7 CUNARBS000349853 2013.03.21 Prusha Depo Exhibit 53 Part 2,
# 2 Exhibit 7 Part 3,
# 3 Exhibit 7 Part 4,
# 4 Exhibit 7 Part 5) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
02/07/2014
405 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc.
119-125_Filed Under Seal as Separate Dkt Entries (Sealed Document)
(Attachments:
# 1 Exhibit 126_TSpicer to DHorowitz 01.28.13 Ltr,
# 2 Exhibit 127_Hancock Declaration 01.06.14,
# 3 Exhibit 128_McMullin 11.14.04 Email,
# 4 Exhibit 129_Whittemore Memo 11.10.04,
# 5 Exhibit 130_Camacho 07.18.05 Memo,
# 6 Exhibit 131_Delta BK Petition 12.17.07,
# 7 Exhibit 132_Delta BK Destruction Order 12.20.11,
# 8 Exhibit 133_Delta BK Trustee Motion 11.22.11,
# 9 Exhibit 134_Coombe Email,
# 10 Exhibit 135-137_Filed Under Seal as a Sep Dkt,
# 11 Exhibit 138_Watson Declaration 09.14.12,
# 12 Exhibit 139_Hudson & Reckard Art 02.04.05.,
# 13 Exhibit 140_B I CT AG Release 01.23.06.,
# 14 Exhibit 141_C Bloomberg Art 08.19.07,
# 15 Exhibit 142_Charlotte Observer Art 10.19.07,
# 16 Exhibit 143_Reuters Art 09.01.07,
# 17 Exhibit 144_CUNA News 01.11.08,
# 18 Exhibit 145_OCC Worst List 11.13.08) (Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
406 Exhibit 8 CUNARBS000349471 2013.03.21 Prusha Depo Exhibit 54 Part 1 to 400
Proposed Findings of Fact, filed by MEMBERS Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society Exhibit 8 (Sealed Document)
(Attachments:
# 1 Exhibit 8 CUNARBS000349471 2013.03.21 Prusha Depo Exhibit 54 Part 2,
# 2 Exhibit 8 Part 3,
# 3 Exhibit 8 Part 4,
# 4 Exhibit 8 Part 5) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
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407 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 037 - Part 1
- A-MMLT 2003-3 Deal File (Sealed Document) (Attachments:
# 1 Exhibit 037 - Part 2 - B_MMLT 2005-3 Deal File,
# 2 Exhibit 037 - Part 3 - C_MMLT 2005-3 Deal File,
# 3 Exhibit 037 - Part 4 - D_MMLT 2005-3 Deal File,
# 4 Exhibit 037 - Part 5 - E_MMLT 2005-3 Deal File,
# 5 Exhibit 037 - Part 6 - F_MMLT 2005-3 Deal File) (Modl, Michael) (Entered:
02/07/2014)
02/07/2014
408 Exhibit 9 CUNARBS00348314 2013.03.21 Prusha Depo Exhibit 55 Part 1 to 400
Proposed Findings of Fact, filed by MEMBERS Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society. (Sealed Document)
(Attachments:
# 1 Exhibit 9 CUNARBS00348314 2013.03.21 Prusha Depo Exhibit 55 Part 2,
# 2 Exhibit 9 Part 3,
# 3 Exhibit 9 Part 4,
# 4 Exhibit 9 Part 5) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
02/07/2014
409 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 146_CW_A
Pappas Complaint 08.14.07 (Sealed Document) (Attachments:
# 1 Exhibit 147_Washington Post Art 09.11.07,
# 2 Exhibit 148_WSJ 03.11.08,
# 3 Exhibit 149_In re CW_CAC 04.11.08,
# 4 Exhibit 150_CUNA News 12.06.07,
# 5 Exhibit 151_In re First Magnus_Order,
# 6 Exhibit 152_First Magnus_AZ Star,
# 7 Exhibit 153_First Magnus Chapter 11 Petition,
# 8 Exhibit 154_First Magnus_D AZ Star 2,
# 9 Exhibit 155_FNBN_Arizona Republic Art 08.22.07,
# 10 Exhibit 156_FDIC Press Release 07.25.08,
# 11 Exhibit 157_CUNA News 07.28.08,
# 12 Exhibit 158_ In re Fremont Cease and Desist Order 03.07.07,
# 13 Exhibit 159_Fremont CUNA News 03.28.08,
# 14 Exhibit 160_GreenPoint Bloomberg Art 08.20.07) (Pilmer, Robert) (Entered:
02/07/2014)
02/07/2014
410 Exhibit 10 CUNARBS000349072 2013.03.21 Prusha Depo Exhibit 49 Part 1 to 400
Proposed Findings of Fact, filed by MEMBERS Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society. (Sealed Document)
(Attachments:
# 1 Exhibit 10 CUNARBS000349072 2013.03.21 Prusha Depo Exhibit 49 Part 2,
# 2 Exhibit 10 Part 3,
# 3 Exhibit 10 Part 4) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
02/07/2014
411 Exhibit to 400 Proposed Findings of Fact, filed by MEMBERS Life Insurance
Company, CUNA Mutual Insurance Society, CUMIS Insurance Society Exhibit 11
(Sealed Document) (Attachments:
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# 1 Exhibit 12 CUNARBS003100729 RBSGC2005-A,
# 2 Exhibit 13 CUNARBS003100730 RALI 2006-QS3,
# 3 Exhibit 14 CUNARBS003100731 RALI 2006-QS3,
# 4 Exhibit 15 CUNARBS003100732 RALI 2006-QS3,
# 5 Exhibit 16 CUNARBS003100733 RALI 2006-QS3,
# 6 Exhibit 17 CUNARBS003100734 Transaction No. 0429654 3/25/13,
# 7 Exhibit 18 CUNARBS003100735 Transaction No. 0429655 3/25/13,
# 8 Exhibit 19 CUNARBS003100736 Transaction No. 0429660 3/25/13) (Berezney,
Steven) (Entered: 02/07/2014)
02/07/2014
412 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc.
161_Greenpoint_CUNA Art 01.10.08.pdf (Sealed Document) (Attachments:
# 1 Exhibit 162_GreenPoint_WSJ 08.21.07,
# 2 Exhibit 163_Homecomings RFC Complaint 10.15.08,
# 3 Exhibit 164_Homecomings Chapter 11,
# 4 Exhibit 165_Meritage Erie Times-News 08.06.06,
# 5 Exhibit 166_Meritage American Banker,
# 6 Exhibit 167_FDIC NetBank Press Release 0928.07,
# 7 Exhibit 168_Meritage CUNA News 05.13.08,
# 8 Exhibit 169_ Crains Art 08.28.06,
# 9 Exhibit 170_MortgageIT_WSJ Art 10.09.06,
# 10 Exhibit 171_National Mortgage News 10.09.07,
# 11 Exhibit 172_MortgageIT_DB Announcement 12.11.08,
# 12 Exhibit 173_Art Bus Dispatch 04.29.06.,
# 13 Exhibit 174_Bus Dispatch Art 08.12.06.,
# 14 Exhibit 175_NatCity on Nat'l Mortgage News 01.07.08,
# 15 Exhibit 176_NatCity DOJ Settlement 05.22.08) (Pilmer, Robert) (Entered:
02/07/2014)
02/07/2014
413 Exhibit to 400 Proposed Findings of Fact, filed by MEMBERS Life Insurance
Company, CUNA Mutual Insurance Society, CUMIS Insurance Society Exhibit 20
(Sealed Document) (Attachments:
# 1 Exhibit 21 CUNARBS003100738 RBSGC 2005-A,
# 2 Exhibit 22 CUNARBS003100739 RBSGC 2005-A,
# 3 Exhibit 23 CUNARBS003100740 RBSGC 2005-A,
# 4 Exhibit 24 CUNARBS003100741 RBSGC 2007-A,
# 5 Exhibit 25 CUNARBS003100742 RBSGC 2007-A,
# 6 Exhibit 26 CUNARBS003100743 Transaction No. 436982 3/25/13,
# 7 Exhibit 27 CUNARBS003100744 Transaction No. 436983 3/25/13) (Berezney,
Steven) (Entered: 02/07/2014)
02/07/2014
414 Exhibit 28 RBS-CUNA0000784 AMSI 2004-FRI Pro Supp Part 1 to 400 Proposed
Findings of Fact, filed by MEMBERS Life Insurance Company, CUNA Mutual
Insurance Society, CUMIS Insurance Society. (Sealed Document) (Attachments:
# 1 Exhibit 28 RBS-CUNA0000784 AMSI 2004-FRI Pro Supp Part 2,
# 2 Exhibit 28 Part 3,
# 3 Exhibit 28 Part 4) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
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415 Exhibit 29 RBS-CUNA0138356 Curran 2013.05.15 Depo Exhibit 150 HVMLT
2005-15 Pro Supp Part 1 to 400 Proposed Findings of Fact, filed by MEMBERS
Life Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance
Society. (Sealed Document) (Attachments:
# 1 Exhibit 29 RBS-CUNA0138356 Curran 2013.05.15 Depo Exhibit 150 HVMLT
2005-15 Pro Supp Part 2,
# 2 Exhibit 29 Part 3,
# 3 Exhibit 29 Part 4,
# 4 Exhibit 29 Part 5) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
02/07/2014
416 Exhibit 30 RBS-CUNA0030470 MMLT 2005-3 Pro Supp Part 1 to 400 Proposed
Findings of Fact, filed by MEMBERS Life Insurance Company, CUNA Mutual
Insurance Society, CUMIS Insurance Society. (Sealed Document) (Attachments:
# 1 Exhibit 30 RBS-CUNA0030470 MMLT 2005-3 Pro Supp Part 2,
# 2 Exhibit 30 Part 3,
# 3 Exhibit 30 Part 4) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
02/07/2014
417 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 177_BK
Petition 04.02.07 (Sealed Document) (Attachments:
# 1 Exhibit 178_New Century Wash Post 05.07.07,
# 2 Exhibit 179_Option One_WSJ Art 12.05.06,
# 3 Exhibit 180_CUNA News 11.20.07,
# 4 Exhibit 181_Option One_USA Today Art 12.04.07,
# 5 Exhibit 182_Truth About Mortgage Art 11.26.07,
# 6 Exhibit 183_Paul Financial Implode 11.26.07,
# 7 Exhibit 184_PHH UTSanDiego 10.12.08,
# 8 Exhibit 185_Secured Bankers,
# 9 Exhibit 186_SunTrust National Mortgage News 05.07.07,
# 10 Exhibit 187_SunTrust SDNY Complaint 12.11.08,
# 11 Exhibit 188_WaMu on OC Register 09.14.07,
# 12 Exhibit 189_Seattle PI Art 11.01.07,
# 13 Exhibit 190_WaMu in CUNA News 11.28.07,
# 14 Exhibit 191_WaMu in CUNA News 2,
# 15 Exhibit 192_WaMu Cleveland 05.11.08,
# 16 Exhibit 193_FDIC Press Release JP Morgan 09.25.08,
# 17 Exhibit 194_NYT on WaMu 11.01.08,
# 18 Exhibit 195_WaMu in NYT 12.27.08) (Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
418 Exhibit 31 RBS-CUNA0154173 RALI 2006-QS3 Pro Supp Part 1 to 400 Proposed
Findings of Fact, filed by MEMBERS Life Insurance Company, CUNA Mutual
Insurance Society, CUMIS Insurance Society. (Sealed Document) (Attachments:
# 1 Exhibit 31 RBS-CUNA0154173 RALI 2006-QS3 Pro Supp Part 2,
# 2 Exhibit 31 Part 3,
# 3 Exhibit 31 Part 4) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
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419 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 038 - Part 1
-SVHE 2005-OPT4 Deal File _ECF 174 (Sealed Document) (Attachments:
# 1 Exhibit 038 - Part 2 -SVHE 2005-OPT4 Deal File _ECF 174,
# 2 Exhibit 038 - Part 3 -SVHE 2005-OPT4 Deal File _ECF 174,
# 3 Exhibit 038 - Part 4 -SVHE 2005-OPT4 Deal File _ECF 174,
# 4 Exhibit 038 - Part 5 -SVHE 2005-OPT4 Deal File _ECF 174) (Modl, Michael)
(Entered: 02/07/2014)
02/07/2014
420 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 039_RAMC
2005-4 Prelim ProSupp (Sealed Document) (Modl, Michael) (Entered: 02/07/2014)
02/07/2014
421 Exhibit 32 RBS-CUNA0233908 RAMC 2004-4 Base Prospectus Part 1 to 400
Proposed Findings of Fact, filed by MEMBERS Life Insurance Company, CUNA
Mutual Insurance Society, CUMIS Insurance Society. (Sealed Document)
(Attachments:
# 1 Exhibit 32 RBS-CUNA0233908 RAMC 2004-4 Base Prospectus Part 2,
# 2 Exhibit 32 Part 3) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
02/07/2014
422 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 040 - Part
1_RAMC 2005-4 Deal File_ECF 174 (Sealed Document) (Attachments:
# 1 Exhibit 040 - Part 2_RAMC 2005-4 Deal File_ECF 174) (Modl, Michael)
(Entered: 02/07/2014)
02/07/2014
423 Exhibit 33 RBS-CUNA0159848 RBSGC 2005-A Pro Supp Part 1 to 400 Proposed
Findings of Fact, filed by MEMBERS Life Insurance Company, CUNA Mutual
Insurance Society, CUMIS Insurance Society. (Sealed Document) (Attachments:
# 1 Exhibit 33 RBS-CUNA0159848 RBSGC 2005-A Pro Supp Part 2,
# 2 Exhibit 33 Part 3,
# 3 Exhibit 33 Part 4) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
02/07/2014
424 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 106-Part
1_One Time Destruction List (Sealed Document) (Attachments:
# 1 Exhibit 106-Part 2_One-Time Destr List CUNARBS000836982) (Pilmer,
Robert) (Entered: 02/07/2014)
02/07/2014
425 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc. 081_CUNA
Mot to Compel Ocwen (Sealed Document) (Modl, Michael) (Entered: 02/07/2014)
02/07/2014
426 Exhibit to 373 Declaration of Kristin Rose filed by RBS Securities, Inc.
088_CUNARBS00098583-610_ECF107-5 (Sealed Document) (Modl, Michael)
(Entered: 02/07/2014)
02/07/2014
427 Exhibit 34 RBS-CUNA0291619 RBSGC 2007-A Pro Supp Part 1 to 400 Proposed
Findings of Fact, filed by MEMBERS Life Insurance Company, CUNA Mutual
Insurance Society, CUMIS Insurance Society. (Sealed Document) (Attachments:
# 1 Exhibit 34 RBS-CUNA0291619 RBSGC 2007-A Pro Supp Part 2,
# 2 Exhibit 34 Part 3,
# 3 Exhibit 34 Part 4,
# 4 Exhibit 34 Part 5) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
8/28/2014 10:28 AM
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428 Exhibit 35 RBS-CUNA0236777 SVHE 2005-B Pro Supp Part 1 to 400 Proposed
Findings of Fact, filed by MEMBERS Life Insurance Company, CUNA Mutual
Insurance Society, CUMIS Insurance Society. (Sealed Document) (Attachments:
# 1 Exhibit 35 RBS-CUNA0236777 SVHE 2005-B Pro Supp Part 2,
# 2 Exhibit 35 Part 3) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
02/07/2014
429 Exhibit 36 RBS-CUNA0082170 SVHE 2005-OPT4 Pro Supp Part 1 to 400 Proposed
Findings of Fact filed by MEMBERS Life Insurance Company, CUNA Mutual
Insurance Society, CUMIS Insurance Society. (Sealed Document) (Attachments:
# 1 Exhibit 36 RBS-CUNA0082170 SVHE 2005-OPT4 Pro Supp Part 2,
# 2 Exhibit 36 Part 3,
# 3 Exhibit 36 Part 4) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
02/07/2014
430 Exhibit to 400 Proposed Findings of Fact, filed by MEMBERS Life Insurance
Company, CUNA Mutual Insurance Society, CUMIS Insurance Society Exhibit 37
2013.03.08 Zegar Deposition (Sealed Document) (Attachments:
# 1 Exhibit 38 2013.05.30 Radhakishun Deposition,
# 2 Exhibit 39 2006.02.07 Letter from S. Kalin to J. Anders and S. Kudenholdt,
# 3 Exhibit 40 2005.12.20 SEC Letter to Credit Suisse First Boston Mortgage
Securities Corp.,
# 4 Exhibit 41 2006.01.20 SEC Letter to Morgan Stanley Dean Witter Capital Inc.,
# 5 Exhibit 42 2006.04.11 SEC Letter to Merrill Lynch Depositor Inc.) (Berezney,
Steven) (Entered: 02/07/2014)
02/07/2014
431 Exhibit 43 Part 1 400 Proposed Findings of Fact, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society.
(Sealed Document) (Attachments:
# 1 Exhibit 43 Part 2,
# 2 Exhibit 43 Part 3) (Berezney, Steven) Modified on 2/10/2014. (arw) (Entered:
02/07/2014)
02/07/2014
432 Deposition of Michael Carothers taken on May 17, 2013 (Sealed Document)
(Berezney, Steven) (Entered: 02/07/2014)
02/07/2014
433 Deposition of Kurt Lin taken on April 12, 2013 (Sealed Document) (Berezney,
Steven) (Entered: 02/07/2014)
02/07/2014
434 Deposition of Ken Zegar taken on March 8, 2013 (Sealed Document) (Berezney,
Steven) (Entered: 02/07/2014)
02/07/2014
435 Deposition of Shakti Radhakishun taken on May 30, 2013 (Sealed Document)
(Berezney, Steven) (Entered: 02/07/2014)
02/07/2014
436 Affidavit of Kevin Thompson filed by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company to Plaintiffs'
Statement of Proposed Findings of Fact in Support re: 381 Motion for Summary
Judgment (Sealed Document) (Berezney, Steven) (Entered: 02/07/2014)
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437 Brief in Support of 343 Motion for Summary Judgment by Defendant RBS
Securities, Inc. (Sealed Document) (Pilmer, Robert) (Entered: 02/07/2014)
02/07/2014
438 Proposed Findings of Fact filed by Defendant RBS Securities, Inc. re: 343 Motion
for Summary Judgment (Sealed Document) (Pilmer, Robert) (Entered: 02/07/2014)
02/10/2014
439 ** TEXT ONLY ORDER **
Defendant's motion to exclude Dr. Cowan's opinions 379 shall be briefed on the
same schedule as the summary judgment motions and the court shall rule on this
motion as part of its order on summary judgment. Signed by Magistrate Judge
Stephen L. Crocker on 2/10/2014. (arw) (Entered: 02/10/2014)
02/10/2014
Reset Briefing Deadlines re: 379 Motion to Exclude the Valuation Opinions of Dr.
Charles Cowan. Brief in Opposition due 2/28/2014. Brief in Reply due 3/10/2014.
(arw) (Entered: 02/10/2014)
02/10/2014
440 Redaction to 373 Declaration of Kristin Rose (Exhibits 1 - 10) by Defendant RBS
Securities, Inc. (Attachments:
# 1 Exhibit 001_CUNA 2005 Annual Report,
# 2 Exhibit 002_Filed Under Seal,
# 3 Exhibit 003-004_Filed Under Seal As Separate Dkt Entry,
# 4 Exhibit 005_Filed Under Seal,
# 5 Exhibit 006_Filed Under Seal,
# 6 Exhibit 007_Filed Under Seal as a Sep Dkt Entry,
# 7 Exhibit 008_Trade Conf CUNARBS003319513-90; 21001-16,
# 8 Exhibit 009_Filed Under Seal,
# 9 Exhibit 010-Part 1_ProSupp AMSI 2004-FR1,
# 10 Exhibit 010-Part 2_ProSupp AMSI 2004-FR1-2) (Pilmer, Robert) (Entered:
02/10/2014)
02/10/2014
441 Redaction to 373 Declaration of Kristin Rose (Exhibit 011-Part 1) by Defendant
RBS Securities, Inc. (Attachments:
# 1 Exhibit 011-Part 2_ProSupp HVMLT 2005-15-2,
# 2 Exhibit 012_Filed Under Seal) (Pilmer, Robert) Modified on 2/11/2014. (arw)
(Entered: 02/10/2014)
02/10/2014
442 Redaction to 373 Declaration of Kristin Rose (Exhibit 013-Part 1_ProSupp RALI
2006-QS3) by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit 013-Part 2_ProSupp RALI 2006-QS3,
# 2 Exhibit 014_ProSupp RAMC 2004-4,
# 3 Exhibit 015_ProSupp RAMC 2005-4) (Pilmer, Robert) (Entered: 02/10/2014)
02/10/2014
443 Redaction to 373 Declaration of Kristin Rose (Exhibit 016-Part 1_ProSupp RBSGC
2005-A) by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit 016-Part 2_ProSupp RBSGC 2005-A,
# 2 Exhibit 017-Part 1_ProSupp RBSGC 2007,
# 3 Exhibit 017-Part 2_ProSupp RBSGC 2007,
# 4 Exhibit 018-Part 1_ProSupp SVHE 2005-B,
# 5 Exhibit 018-Part 2_ProSupp SVHE 2005-B) (Pilmer, Robert) (Entered:
02/10/2014)
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444 Redaction to 373 Declaration of Kristin Rose (Exhibit 019_Filed Under Seal) by
Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit 020_ProSupp SVHE 2005-OPT4,
# 2 Exhibit 021-Part 1_ProSupp MMLT 2005-3,
# 3 Exhibit 021-Part 2_ProSupp MMLT 2005-3,
# 4 Exhibit 022_Filed Under Seal,
# 5 Exhibit 023_CUNA Am Resp to Rog 3,
# 6 Exhibit 024_CUNA 5th Am Resp to Rogs 8,
# 7 Exhibit 025-026_Filed Under Seal As Separate Dkt Entry,
# 8 Exhibit 027_RBS's Interr No 8,
# 9 Exhibit 028_CUNA Initial Resp to Rog 8,
# 10 Exhibit 029-038_Filed Under Seal) (Pilmer, Robert) (Entered: 02/10/2014)
02/10/2014
445 Redaction to 373 Declaration of Kristin Rose (Exhibit 039_RAMC 2005-4 Prelim
ProSupp) by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit 040-047_Filed Under Seal,
# 2 Exhibit 048_Filed Under Seal as a Sep Dkt Entry,
# 3 Exhibit 049-051_Filed Under Seal,
# 4 Exhibit 052_Bhimani to Spicer 01.18.13 Ltr,
# 5 Exhibit 053_Filed Under Seal,
# 6 Exhibit 054_Filed Under Seal as a Sep Dkt Entry) (Pilmer, Robert) (Entered:
02/10/2014)
02/10/2014
446 Redaction to 373 Declaration of Kristin Rose (Exhibit 055-Part 1_PX 153 Reg Stat
SEC) by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit 055-Part 2_PX 153 Reg Stat SEC,
# 2 Exhibit 056_FASC_GCA 08.31.05,
# 3 Exhibit 057_FASC_GCA 01.29.07,
# 4 Exhibit 058_CMFG Resp to Rog 17_09.12.12,
# 5 Exhibit 059_Filed Under Seal,
# 6 Exhibit 060-062_Filed Under Seal as a Sep Dkt Entry,
# 7 Exhibit 063-072_Filed Under Seal,
# 8 Exhibit 073-079_Filed Under Seal,
# 9 Exhibit 080_Filed Under Seal as a Sep Dkt Entry) (Pilmer, Robert) (Entered:
02/10/2014)
02/10/2014
447 Redaction to 373 Declaration of Kristin Rose (Exhibit 081_CUNA Mot to Compel
Ocwen) by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit 082_Filed Under Seal as a Sep Dkt Entry,
# 2 Exhibit 083_Filed Under Seal as a Sep Dkt Entry,
# 3 Exhibit 084_Filed Under Seal,
# 4 Exhibit 085_Filed Under Seal as a Sep Dkt Entry,
# 5 Exhibit 086-096_Filed Under Seal,
# 6 Exhibit 097_Marks Dep Ex 32_NAIC Testimony,
# 7 Exhibit 098_RBS unit involved in SEC inquiry,
# 8 Exhibit 099_Americans look into RBS sub-prime deals,
# 9 Exhibit 100_NJ Carpenters v.RBS_Notice of Removal &Compl,
# 10 Exhibit 101_Wells Fargo LA Times 01.31.06,
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# 11 Exhibit 102_Wells FargoTestimony 10.16.08,
# 12 Exhibit 103-104_Filed Under Seal as a Sep Dkt Entry,
# 13 Exhibit 105-112_Filed Under Seal,
# 14 Exhibit 113_Lawson Death Certificate,
# 15 Exhibit 114_Filed Under Seal,
# 16 Exhibit 115-117_Filed Under Seal as a Sep Dkt Entry,
# 17 Exhibit 118_WMC NYT 01.22.08,
# 18 Exhibit 119-125_Filed Under Seal as a Sep Dkt Entry) (Pilmer, Robert)
(Entered: 02/10/2014)
02/10/2014
448 Redaction to 373 Declaration of Kristin Rose (Exhibit 126_TSpicer to DHorowitz
01.28.13 Ltr) by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit 127_Hancock Declaration 01.06.14,
# 2 Exhibit 128-130_Filed Under Seal,
# 3 Exhibit 131_Delta BK Petition 12.17.07,
# 4 Exhibit 132_Delta BK Destruction Order 12.20.11,
# 5 Exhibit 133_Delta BK Trustee Motion 11.22.11,
# 6 Exhibit 134_Filed Under Seal,
# 7 Exhibit 135-137_Filed Under Seal as a Sep Dkt Entry,
# 8 Exhibit 138_Watson Declaration 09.14.12_ECF 67,
# 9 Exhibit 139_Hudson_Reckard Art 02.04.05,
# 10 Exhibit 140_B I CT AG Release 01.23.06) (Pilmer, Robert) (Entered:
02/10/2014)
02/10/2014
449 Redaction to 373 Declaration of Kristin Rose (Exhibit 041_C Bloomberg Art
08.19.07) by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit 142_Charlotte Observer Art 10.19.07,
# 2 Exhibit 143_Reuters Art 09.01.07,
# 3 Exhibit 144_CUNA News 01.14.08,
# 4 Exhibit 145_OCC Worst List 11.13.08,
# 5 Exhibit 146_CW_A Pappas Complaint 08.14.07,
# 6 Exhibit 147_Washington Post Art 09.11.07,
# 7 Exhibit 148_WSJ 03.11.08,
# 8 Exhibit 149_In re CW_CAC 04.11.08,
# 9 Exhibit 150_CUNA News 12.06.07,
# 10 Exhibit 151_In re First Magnus_Order,
# 11 Exhibit 152_First Magnus_AZ Star 1,
# 12 Exhibit 153_First Magnus Chapter 11 Petition,
# 13 Exhibit 154_First Magnus_D AZ Star 2,
# 14 Exhibit 155_FNBN_Arizona Republic Art 08.22.07,
# 15 Exhibit 156_FDIC Press Release 07.25.08,
# 16 Exhibit 157_CUNA News 07.28.08,
# 17 Exhibit 158_ In re Fremont Cease and Desist Order 03.07.07,
# 18 Exhibit 159_Fremont CUNA News 03.28.08,
# 19 Exhibit 160_GreenPoint Bloomberg Art 08.20.07) (Pilmer, Robert) (Entered:
02/10/2014)
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450 Redaction to 373 Declaration of Kristin Rose (Exhibit 161_Greenpoint_CUNA Art
01.10.08) by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit 162_GreenPoint_WSJ 08.21.07,
# 2 Exhibit 163_Homecomings RFC Complaint 10.15.08,
# 3 Exhibit 164_Homecomings Chapter 11,
# 4 Exhibit 165_Meritage Erie Times-News 08.06.06,
# 5 Exhibit 166_Meritage American Banker,
# 6 Exhibit 167_FDIC NetBank Press Release 09.28.07,
# 7 Exhibit 168_Meritage CUNA News 05.13.08,
# 8 Exhibit 169_ Crains Art 08.28.06,
# 9 Exhibit 170_MortgageIT_WSJ Art 10.09.06,
# 10 Exhibit 171_National Mortgage News 10.09.07,
# 11 Exhibit 172_MortgageIT_DB Announcement 12.11.08,
# 12 Exhibit 173_Art Bus Dispatch 04.29.06,
# 13 Exhibit 174_Bus Dispatch Art 08.12.06,
# 14 Exhibit 175_NatCity on Natl Mortgage News 01.07.08,
# 15 Exhibit 176_NatCity DOJ Settlement 05.22.08,
# 16 Exhibit 177_New Century Chapter 11 04.02.07,
# 17 Exhibit 178_New Century Wash Post 05.07.07,
# 18 Exhibit 179_Option One_WSJ Art 12.05.06,
# 19 Exhibit 180_CUNA News 11.20.07) (Pilmer, Robert) (Entered: 02/10/2014)
02/10/2014
451 Redaction to 373 Declaration of Kristin Rose (Exhibit 181_Option One_USA Today
Art 12.04.07) by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit 182_Truth About Mortgage Art 11.26.07,
# 2 Exhibit 183_Paul Financial Implode 11.26.07,
# 3 Exhibit 184_PHH UTSanDiego 10.12.08,
# 4 Exhibit 185_Secured Bankers,
# 5 Exhibit 186_SunTrust National Mortgage News 05.07.07,
# 6 Exhibit 187_SunTrust SDNY Complaint 12.11.08,
# 7 Exhibit 188_WaMu on OC Register 09.14.07,
# 8 Exhibit 189_Seattle PI Art 11.01.07,
# 9 Exhibit 190_WaMu in CUNA News 11.28.07,
# 10 Exhibit 191_WaMu in CUNA News 2_12.21.07,
# 11 Exhibit 192_WaMu Cleveland 05.11.08,
# 12 Exhibit 193_FDIC Press Release JP Morgan 09.25.08,
# 13 Exhibit 194_NYT on WaMu 11.01.08,
# 14 Exhibit 195_WaMu in NYT 12.27.08) (Pilmer, Robert) (Entered: 02/10/2014)
02/10/2014
452 Redaction to 437 Brief in Support of Motion for Summary Judgment by Defendant
RBS Securities, Inc. (Pilmer, Robert) (Entered: 02/10/2014)
02/10/2014
453 Redaction to 438 Proposed Findings of Fact in Support of Motion for Summary
Judgment by Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered: 02/10/2014)
02/10/2014
454 Joint Motion to Amend Briefing Schedule by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, MEMBERS Life Insurance Company, Defendant
RBS Securities, Inc. Motions referred to Magistrate Judge Stephen L. Crocker.
(Gutzler, Greg) (Entered: 02/10/2014)
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455 ** TEXT ONLY ORDER **
ORDER granting 454 Joint Motion to Amend Briefing Schedule. Signed by
Magistrate Judge Stephen L. Crocker on 2/11/2014. (arw) (Entered: 02/11/2014)
Reset Briefing Deadlines re: 337 Motion to Strike Expert Report, 343 Motion for
Summary Judgment, 379 Motion to Exclude the Valuation Opinions of Dr. Charles
Cowan, 381 Motion for Summary Judgment. Opposition Briefs due 3/7/2014. Reply
Briefs due 3/28/2014. (arw) (Entered: 02/11/2014)
03/03/2014
456 Motion to Protect the Confidentiality of Documents Pursuant to the Second
Amended Stipulated Protective Order (ECF No. 92) by Defendant RBS Securities,
Inc. Response due 3/10/2014. (Pilmer, Robert) (Entered: 03/03/2014)
03/03/2014
457 Declaration of David I. Horowitz filed by Defendant RBS Securities, Inc. re: 456
Motion for Miscellaneous Relief (Sealed Document) (Attachments:
# 1 Exhibit 01-Second Am Prot Order,
# 2 Exhibit 02-MKlenov to DHorowitz Ltr 11.29.13,
# 3 Exhibit 03-DHorowitz to MKlenov Ltr 12.12.13,
# 4 Exhibit 04-MKlenov to DHorowitz 12.16.13,
# 5 Exhibit 05-MKlenov to DHorowitz Email 02.13.14,
# 6 Exhibit 06-Pooling_Svcg Agmt_MMLT 2005.3,
# 7 Exhibit 07-Remittance Rpt Aug 2006,
# 8 Exhibit 08-Remittance Rpt Jul 2006,
# 9 Exhibit 09-Remittance Rpt Mar 2007,
# 10 Exhibit 10-Remittance Rpt Nov 2006) (Pilmer, Robert) (Entered: 03/03/2014)
03/03/2014
458 Exhibit to 457 Declaration David I. Horowitz, filed by RBS Securities, Inc. 11-RBSCUNA0347682-86 (Sealed Document) (Attachments:
# 1 Exhibit 12-RBS-CUNA0376411-19_Fraud Procs,
# 2 Exhibit 13-RBS-CUNA0376406-10_FPD_EPD Procs,
# 3 Exhibit 14-RBS-CUNA0348289-302,
# 4 Exhibit 15-RBS-CUNA0395804-06_Due Diligence,
# 5 Exhibit 16-RBS-CUNA0086204-09_Due Diligence,
# 6 Exhibit 17-RBS-CUNA0348260-88,
# 7 Exhibit 18-RBS-CUNA0346292-99,
# 8 Exhibit 19-RBS-CUNA0346300-50,
# 9 Exhibit 20 through 26-Filed in a Disc,
# 10 Exhibit 27-RBS-CUNA0281008,
# 11 Exhibit 28-RBS-CUNA1417756-57,
# 12 Exhibit 29-RBS-CUNA0347620-21,
# 13 Exhibit 30-RBS-CUNA0166889) (Pilmer, Robert) (Entered: 03/03/2014)
03/03/2014
459 Exhibit to 457 Declaration David I. Horowitz, filed by RBS Securities, Inc. 31-RBSCUNA0182302-03 (Sealed Document) (Attachments:
# 1 Exhibit 32-RBS-CUNA0166892-93,
# 2 Exhibit 33-RBS-CUNA0156466-67,
# 3 Exhibit 34-RBS-CUNA0343362,
# 4 Exhibit 35-RBS-CUNA0281004-05,
# 5 Exhibit 36-RBS-CUNA0346382,
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# 6 Exhibit 37-RBS-CUNA0346383-84,
# 7 Exhibit 38-RBS-CUNA0347476,
# 8 Exhibit 39-RBS-CUNA0280225-26,
# 9 Exhibit 40-RBS-CUNA0471840,
# 10 Exhibit 41-RBS-CUNA0145116,
# 11 Exhibit 42-RBS-CUNA0145121,
# 12 Exhibit 43-RBS-CUNA0348357-58,
# 13 Exhibit 44-RBS-CUNA0347576,
# 14 Exhibit 45-RBS-CUNA0280389-90,
# 15 Exhibit 46-RBS-CUNA0280898,
# 16 Exhibit 47-RBS-CUNA0344204,
# 17 Exhibit 48-RBS-CUNA0350678-79,
# 18 Exhibit 49-RBS-CUNA0347678-79,
# 19 Exhibit 50-RBS-CUNA0443878) (Pilmer, Robert) (Entered: 03/03/2014)
03/03/2014
460 Exhibit to 457 Declaration David I. Horowitz, filed by RBS Securities, Inc. 51-RBSCUNA0260487-88 (Sealed Document) (Attachments:
# 1 Exhibit 52-RBS-CUNA0281003,
# 2 Exhibit 53-RBS-CUNA0350610-11,
# 3 Exhibit 54-RBS-CUNA0156464-65,
# 4 Exhibit 55-RBS-CUNA0423845,
# 5 Exhibit 56-RBS-CUNA0280645,
# 6 Exhibit 57-RBS-CUNA0423760-61,
# 7 Exhibit 58-RBS-CUNA0281114-17,
# 8 Exhibit 59-RBS-CUNA0350397-401,
# 9 Exhibit 60-RBS-CUNA0281091-92,
# 10 Exhibit 61-RBS-CUNA0348257-58,
# 11 Exhibit 62-RBS-CUNA0348161-62,
# 12 Exhibit 63-RBS-CUNA0346291,
# 13 Exhibit 64-RBS-CUNA0281109-12,
# 14 Exhibit 65-RBS-CUNA0281122-25,
# 15 Exhibit 66-Filed in a Disc,
# 16 Exhibit 67-DHorowtiz to MKlenov Ltr 01.07.14) (Pilmer, Robert) (Entered:
03/03/2014)
03/03/2014
461 Redaction to 457 Declaration David I. Horowitz, by Defendant RBS Securities, Inc.
(Attachments:
# 1 Exhibit 01-Second Am Prot Order,
# 2 Exhibit 02 through 05-Filed Under Seal,
# 3 Exhibit 06-Pooling_Svcg Agmt_MMLT 2005.3,
# 4 Exhibit 07-Remittance Rpt Aug 2006,
# 5 Exhibit 08-Remittance Rpt Jul 2006,
# 6 Exhibit 09-Remittance Rpt Mar 2007,
# 7 Exhibit 10-Remittance Rpt Nov 2006,
# 8 Exhibit 11 through 19-Filed Under Seal,
# 9 Exhibit 20 through 26-Filed in a Disc,
# 10 Exhibit 27 through 65-Filed Under Seal,
# 11 Exhibit 66-Filed in a Disc,
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# 12 Exhibit 67-Filed Under Seal) (Pilmer, Robert) (Entered: 03/03/2014)
03/03/2014
462 Declaration of Jonathan Perry filed by Defendant RBS Securities, Inc. in Support of
Motion to Protect the Confidentiality of Documents re: 456 Motion for
Miscellaneous Relief (Sealed Document) (Pilmer, Robert) (Entered: 03/03/2014)
03/03/2014
463 Brief in Support of 456 Motion for Miscellaneous Relief (Motion to Protect the
Confidentiality of Documents Pursuant to the Second Amended Stipulated
Protective Order (ECF No. 92) by Defendant RBS Securities, Inc. (Sealed
Document) (Pilmer, Robert) (Entered: 03/03/2014)
03/04/2014
Reset Briefing Deadlines re: 456 Motion to Protect the Confidentiality of
Documents Pursuant to the Second Amended Stipulated Protective Order. Brief in
Opposition due 3/17/2014. Brief in Reply due 3/21/2014. (arw/slc) (Entered:
03/04/2014)
03/04/2014
464 Exhibits 20-26 and 66 to 457 Declaration of David I. Horowitz, filed by RBS
Securities, Inc. Exhibits filed on CD-ROM, maintained in Clerk's Office Exhibit
Room. (arw) (Entered: 03/04/2014)
03/04/2014
465 ** TEXT ONLY ORDER **
On August 19, 2013, the court declined to rule on defendant's motion for spoliation
sanctions. See Dkt. 245 . Consistent with that ruling and to more accurately reflect
its status, that motion 100 is now formally DENIED without prejudice as premature,
subject to renewal after summary judgment "when the claimed importance of the
missing information (and any reasonable or legally-compelled inference) can be
better understood against the overall record." Signed by District Judge William M.
Conley on 3/4/2014. (arw) (Entered: 03/04/2014)
03/05/2014
466 Redaction to 463 Brief in Support, (Motion to Protect the Confidentiality of
Documents Pursuant to the Second Amended Stipulated Protective Order (ECF No.
92)) by Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered: 03/05/2014)
03/05/2014
467 Redaction to 462 Declaration of Jonathan Perry in Support of Motion to Protect the
Confidentiality of Documents by Defendant RBS Securities, Inc. (Pilmer, Robert)
(Entered: 03/05/2014)
03/06/2014
468 Deposition of Brian Borakove taken on 3/22/13 (Sealed Document) (Berezney,
Steven) Modified on 3/7/2014 (jaf). (Entered: 03/06/2014)
03/06/2014
469 Deposition of Vicki Beal taken on 08/27/2013 (Sealed Document) (Berezney,
Steven) (Entered: 03/06/2014)
03/06/2014
470 Deposition of Ron D'Vari, PhD taken on 01/24/2014 (Sealed Document) (Berezney,
Steven) (Entered: 03/06/2014)
03/06/2014
471 Deposition of Charles H. Grice taken on 01/31/2014 (Sealed Document) (Berezney,
Steven) (Entered: 03/06/2014)
03/06/2014
472 Deposition of David E. Abshier taken on 02/20/2014 (Sealed Document) (Berezney,
Steven) (Entered: 03/06/2014)
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473 Transcript of James R. Whittemore deposition held on 01/25/2011 (Sealed
Document) (Berezney, Steven) (Entered: 03/06/2014)
03/06/2014
474 Transcript of Sean Curran deposition held on 06/15/2012 (Sealed Document)
(Berezney, Steven) (Entered: 03/06/2014)
03/06/2014
475 Transcript of Vinu Phillips held on 10/03/2012 (Sealed Document) (Berezney,
Steven) (Entered: 03/06/2014)
03/06/2014
476 Transcript of Frank Skibo held on 11/07/2012 (Sealed Document) (Berezney,
Steven) (Entered: 03/06/2014)
03/06/2014
477 Transcript of Brian M. Farrell deposition held on 12/03/2012 (Sealed Document)
(Berezney, Steven) (Entered: 03/06/2014)
03/06/2014
478 Transcript of James R. Whittemore deposition held on 12/10/2012 (Sealed
Document) (Berezney, Steven) (Entered: 03/06/2014)
03/06/2014
479 Disregard. See docket entry 492 . Requested attorney file condensed transcript on
3/7/2014 (jaf). Modified on 3/10/2014 (jaf). (Entered: 03/06/2014)
03/06/2014
480 Disregard. See docket entry 491 . Requested attorney refile condensed transcript on
3/7/2014 (jaf). Modified on 3/10/2014 (jaf). (Entered: 03/06/2014)
03/06/2014
481 Disregard. See also 493 . Requested attorney refile condensed transcript on 3/7/2014
(jaf). Modified on 3/10/2014 (jaf). (Entered: 03/06/2014)
03/06/2014
482 Transcript of Scott Gimpel deposition held on 09/04/2013 (Sealed Document)
(Berezney, Steven) (Entered: 03/06/2014)
03/06/2014
483 Disregard; to be refiled. Transcript of Vinu Phillips deposition held on 09/20/2013
(Sealed Document) (Berezney, Steven) Requested attorney refile condensed
transcript on 3/7/2014 (jaf). (Entered: 03/06/2014)
03/06/2014
484 Transcript of Francis Camacho deposition held on 10/18/2012 (Sealed Document)
(Attachments:
# 1 Part 2 of Camacho deposition,
# 2 Part 3 of Camacho deposition,
# 3 Part 4 of Camacho deposition) (Berezney, Steven) (Entered: 03/06/2014)
03/06/2014
485 Transcript of William C. Gallagher deposition held on 11/29/2012 (Sealed
Document) (Attachments:
# 1 Part 2 of Gallagher deposition,
# 2 Part 3 of Gallagher deposition) (Berezney, Steven) (Entered: 03/06/2014)
03/06/2014
486 Disregard. See also 494 . Requested attorney refile condensed version of transcript
on 3/7/2014 (jaf). Modified on 3/10/2014 (jaf). (Entered: 03/06/2014)
03/06/2014
487 Deposition of John D. Finnerty taken on 01/09/2014 (Sealed Document) (Berezney,
Steven) (Entered: 03/06/2014)
03/06/2014
488 Deposition of Leonard Blum taken on 01/21/2014 (Sealed Document) (Berezney,
Steven) (Entered: 03/06/2014)
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489 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, MEMBERS Life Insurance Company re: 337 Motion to Strike
filed by RBS Securities, Inc. (Sealed Document) (Attachments:
# 1 Exhibit A - Survey Results - Confidential Native File Manually Filed in a Disc,
# 2 Exhibit B - Calculation Worksheets - Confidential Native File Manually Filed in
a Disc,
# 3 Exhibit C - Re-Underwriting Notebooks - Confidential Native File Manually
Filed in a Disc,
# 4 Exhibit D - April 3, 2013 email Sorter to Horowitz,
# 5 Exhibit E - May 11, 2013 email Klenov to Leaf,
# 6 Exhibit F - Underwriting Guidelines Spreadsheet - Under Seal,
# 7 Exhibit G - Abshier Report - Part 1 - Under Seal,
# 8 Exhibit G - Abshier Report - Part 2 - Under Seal,
# 9 Exhibit G - Abshier Report - Part 3 - Under Seal,
# 10 Exhibit G - Abshier Report - Part 4 - Under Seal,
# 11 Exhibit G - Abshier Report - Part 5 - Under Seal,
# 12 Exhibit H - Feb 27, 2014 email Horowitz to Klenov - Under Seal,
# 13 Exhibit I - Feb 25, 2014 email thread - Under Seal,
# 14 Exhibit J - Jan 7, 2014 email thread Horowitz and Klenov,
# 15 Exhibit K - Jan 27, 2014 email Leaf to Klenov,
# 16 Exhibit L - email tread Pilmer and Gutzler,
# 17 Exhibit M Holt report,
# 18 Exhibit N - ResCap-CUNA00022494-95 - Under Seal,
# 19 Exhibit O - Copy of Exhibit F to Holt Report - Under Seal,
# 20 Exhibit P - Excerpts of loan file - Under Seal) (Spicer, Tamara) (Entered:
03/07/2014)
03/07/2014
490 Transcript of Shakti Radhakishun deposition held on 08/07/13 (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
491 Transcript of Patrick Leo deposition held on 12/14/2012 (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
492 Transcript of Gregory McSweeney deposition held on 12/12/2012 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
493 Transcript of Patrick Leo deposition held on 05/03/2013 (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
494 Transcript of Max Jaeger deposition held on 05/09/2013 (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
495 Transcript of Vinu Phillips deposition held on 09/20/2013 (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
496 Deposition of Lee Kennedy deposition taken on 02/09/2014 (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
497 Deposition of Dr. Arnold Barnett deposition taken on 2014.02.14 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
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498 Declaration of Leonard Blum filed by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company In Support of
CUNA's Statement of Additional Facts in Opposition to Defendant's re: 343 Motion
for Summary Judgment (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
499 Declaration of Charles Cowan filed by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company In Support of
CUNA's Statement of Additional Facts in Opposition to Defendant's re: 343 Motion
for Summary Judgment (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
500 Declaration of Ira Holt filed by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, MEMBERS Life Insurance Company In Support of CUNA's
Statement of Additional Facts in Opposition to Defendant's re: 343 Motion for
Summary Judgment (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
501 Transcript of Christopher Norwine deposition held on 06/20/2013 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
502 Declaration of Lynde Selden re: 343 Motion for Summary Judgment (Berezney,
Steven) Modified on 3/10/2014 (jaf). (Entered: 03/07/2014)
03/07/2014
503 Declaration of Derick Greene re: 343 Motion for Summary Judgment (Berezney,
Steven) Modified on 3/10/2014 (jaf). (Entered: 03/07/2014)
03/07/2014
504 Expert Report of Charles H. Grice by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
505 Expert Report of Leonard Blum by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
506 Expert Report of Ron D'Vari, PH.D. by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
507 Declaration of Mark A. Prusha filed by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company In Support of
CUNA's Statement of Additional Facts in Opposition to Defendant's re: 343 Motion
for Summary Judgment (Sealed Document) (Berezney, Steven) (Entered:
03/07/2014)
03/07/2014
508 Disregard; to be refiled. Expert Report of David E. Abshier by Plaintiffs CUMIS
Insurance Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance
Company (Sealed Document) (Attachments:
# 1 Expert Report of D. Abshier Part 2 - FILED UNDER SEAL,
# 2 Expert Report of D. Abshier Part 3 - FILED UNDER SEAL,
# 3 Expert Report of D. Abshier Part 4 - FILED UNDER SEAL,
# 4 Expert Report of D. Abshier Part 5 - FILED UNDER SEAL) (Berezney, Steven)
Requested attorney refile with exhibits attached individually and named on
3/10/2014 (jaf). (Entered: 03/07/2014)
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509 Declaration of Cibele Vilar filed by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company In Support of
CUNA's Statement of Additional Facts in Opposition to Defendant's re: 343 Motion
for Summary Judgment (Sealed Document) (Berezney, Steven) (Entered:
03/07/2014)
03/07/2014
510 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, MEMBERS Life Insurance Company re: 379 Motion for
Miscellaneous Relief filed by RBS Securities, Inc. to Exclude Valuation Opinions of
Dr. Charles Cowan (Sealed Document) (Attachments:
# 1 Exhibit 1 - Plf CMFG's 7th Set of RFPs to RBS,
# 2 Exhibit 2 - Nov 4, 2013 Email from G. Gutzler to A. Pilmer,
# 3 Exhibit 3 - Nov 27, 2013 Email String btwn CUNA Mutual and RBS Counsel,
# 4 Exhibit 4 - CoreLogic Automated Valuation Models (AVM), Overview,
# 5 Exhibit 5 - CoreLogic White Paper, Innovation in AVM Testing,
# 6 Exhibit 6 - CoreLogic, Automated Valuation Model Information) (Attaway,
Scott) (Entered: 03/07/2014)
03/07/2014
511 Exhibit to 510 Brief in Opposition,, filed by MEMBERS Life Insurance Company,
CUNA Mutual Insurance Society, CUMIS Insurance Society Exhibit 7 - Springleaf
Mortgage Loan Trust 2011-1 Part 1 (Sealed Document) (Attachments:
# 1 Exhibit 7 - Springleaf Mortgage Loan Trust 2011-1 Part 2,
# 2 Exhibit 7 - Springleaf Mortgage Loan Trust 2011-1 Part 3,
# 3 Exhibit 7 - Springleaf Mortgage Loan Trust 2011-1 Part 4) (Attaway, Scott)
(Entered: 03/07/2014)
03/07/2014
512 Exhibit to 510 Brief in Opposition,, filed by MEMBERS Life Insurance Company,
CUNA Mutual Insurance Society, CUMIS Insurance Society 8 - CoreLogic Reprint,
Testimony Before the H. Comm. on Fin. Services (Sealed Document) (Attachments:
# 1 Exhibit 9 - How Loan-Level Insight Can Lead the Way to Resolving the RMBS
Crisis (Keane)) (Attaway, Scott) (Entered: 03/07/2014)
03/07/2014
513 Response to Proposed Findings of Fact filed by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, MEMBERS Life Insurance Company re: 343
Motion for Summary Judgment (Sealed Document) (Attachments:
# 1 Exhibit A Doty-Corelogic Exhibit 16 May 5 2013,
# 2 Exhibit B Kennedy Exhibit 521 February 19 2014,
# 3 Exhibit C Cowan Exhibit 112 January 14 2014,
# 4 Exhibit D Cowan Exhibit 111 January 14 2014,
# 5 Exhibit E Doty-Corelogic Exhibit 14 May 13 2013,
# 6 Exhibit F Doty-Corelogic Exhibit 15 May 13 2013,
# 7 Exhibit G Kennedy Exhibit 531 February 19 2014,
# 8 Exhibit H Doty-Corelogic Exhibit 22 May 13 2013,
# 9 Exhibit I Doty-Corelogic Exhibit 21 May 13 2013,
# 10 Exhibit J Corelogic Fleming Testimony,
# 11 Exhibit K Cowan Exhibit 113 January 14 2014,
# 12 Exhibit L RBS-CUNA0086216 August 16 2005 Memo from Camacho,
# 13 Exhibit M RBS-CUNA0086222,
# 14 Exhibit N RBS-CUNA0086237 November 21 2005 Camacho Memo,
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# 15 Exhibit O RBS-CUNA0086243 November 21 2005 Camacho Memo,
# 16 Exhibit P RBS-CUNA0344205) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
514 Disregard; to be refiled. Expert Report of David Abshier by Plaintiffs CUMIS
Insurance Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance
Company (Sealed Document) (Berezney, Steven) Requested attorney refile with
exhibits attached individually and named on 3/10/2014 (jaf). (Entered: 03/07/2014)
03/07/2014
515 Response to Proposed Findings of Fact filed by Plaintiffs CUMIS Insurance Society,
CUNA Mutual Insurance Society, MEMBERS Life Insurance Company re: 343
Motion for Summary Judgment (Sealed Document) (Attachments:
# 1 Exhibit 1 RBS-CUNA0327737 October 2004 RBS Credity Policy & Procedures
Manual,
# 2 Exhibit 2 Not Used See ECF 505,
# 3 Exhibit 3 Not Used,
# 4 Exhibit 4 Fannie 2002 Selling Guide,
# 5 Exhibit 5 Not Used,
# 6 Exhibit 6 RBS-CUNA0031874 March 2004 Greenwich and FNB Nevada
Agreement,
# 7 Exhibit 7 RBS-CUNA0032005 June 2 2004 Memo from Field to Palmisano and
Davia,
# 8 Exhibit 8 RBS-CUNA0405908 May 17 2005 Memo from Gold Part 1,
# 9 Exhibit 8 Part 2 Memo from Gold,
# 10 Exhibit 8 Part 3 Memo from Gold,
# 11 Exhibit 8 Part 4 Memo from Gold,
# 12 Exhibit 9 RBS-CUNA0404843 September 2004 Closing Documents
Greenwich-Cendant-Bishop,
# 13 Exhibit 10 RBS-CUNA0341123 December 2006 Seller's Warranties and
Servicing Agreement,
# 14 Exhibit 11 RBS-CUNA0010483 Schedules Representations and Warranties)
(Berezney, Steven) (Main Document 515 replaced on 3/10/2014) (jaf). (Entered:
03/07/2014)
03/07/2014
516 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 12 RBS-CUNA0343363 May 2003 Meritage Mortgage Corp and Greenwich
Agreement (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
517 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 13 RBS-CUNA0403099 March 2004 Greenwich and Countrywide
Agreement (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
518 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 14 RBS-CUNA0395376 March 2005 Long Beach Purchase Commitment
(Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
519 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
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Exhibit 15 RBS-CUNA0395026 March 15 2005 Letter to NC Capital from
Greenwich (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
520 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 16 RBS-CUNA0404692 March 2 2004 Memo from Field to Palmisano and
Casellini (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
521 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 17 Part 1 RBS-CUNA0405705 May 20 2004 Memo from Field to Palmisano
Johnson (Sealed Document) (Attachments:
# 1 Exhibit 17 Part 2 RBS-CUNA0405705 May 20 2004 Memo from Field to
Palmisano and Johnson,
# 2 Exhibit 17 Part 3 RBS-CUNA0405705 May 20 2004 Memo from Field to
Palmisano and Johnson) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
522 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 18 RBS-CUNA0029715 June 2004 Washington Mutual Bank and Greenwich
Agreement (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
523 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 19 RBS-CUNA0008258 December 2004 Pooling and Servicing Agreement
(Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
524 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 20 RBS-CUNA0009601 December 2005 Mortgage Loan Sale and
Contribution Agreement (Sealed Document) (Berezney, Steven) (Entered:
03/07/2014)
03/07/2014
525 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 21 RBS-CUNA0000464 April 2004 Ameriquest Mortgage Co and
Ameriquest Mortgage Securities (Sealed Document) (Berezney, Steven) (Entered:
03/07/2014)
03/07/2014
526 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 22 RBS-CUNA0419944 July 2003 National City Mortgage and Greenwich
Agreement (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
527 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 23 July 24 2013 RBS Responses to CUMIS Third Set of Interrogatories
(Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
528 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
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Exhibit 24 RBS-CUNA0376766 January 17 2013 Farrell Exhibit 23 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
529 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 25 RBS-CUNA0129454 RBS Presentation (Sealed Document) (Berezney,
Steven) (Entered: 03/07/2014)
03/07/2014
530 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 26 RBS-CUNA0417511 Ethical Standards (Sealed Document) (Berezney,
Steven) (Entered: 03/07/2014)
03/07/2014
531 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 27 RBS-CUNA0417499 January 17 2013 Farrell Exhibit 22 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
532 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 28 RBS-CUNA0432900 ASF 2007 Voluminous Confidential Document Filed
Manually in a Disc (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
533 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 29 RBS-CUNA1420307 Whole Loan Acquisition Presentation (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
534 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 30 RBS-CUNA0166688 October 20 2005 Carothers Email to Prusha
Materials from Soundview (Sealed Document) (Berezney, Steven) (Entered:
03/07/2014)
03/07/2014
535 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 31 RBS-CUNA1420648 January 10 2014 Walsh Exhibit 420 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
536 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 32 RBS-CUNA1422373 November 14 2005 Email from Skibo (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
537 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 33 RBS-CUNA1422375 November 16 2005 Email from Lawson to Skibo
(Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
538 Brief in Opposition by Defendant RBS Securities, Inc. re: 381 Motion for Summary
Judgment filed by MEMBERS Life Insurance Company, CUNA Mutual Insurance
Society, CUMIS Insurance Society (Pilmer, Robert) (Entered: 03/07/2014)
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539 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 34 Exhibit Number Not Used (Sealed Document) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
540 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 35 RBS-CUNA0483122 November 2006 RBS Presentation (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
541 Response to Proposed Findings of Fact filed by Defendant RBS Securities, Inc. re:
381 Motion for Summary Judgment (Sealed Document) (Pilmer, Robert) (Entered:
03/07/2014)
03/07/2014
542 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 36 RBS-CUNA0483121 November 2 2006 Email from Balabanian (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
543 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 37 RBS-CUNA0483014 May 30 2013 Radhakishun Exhibit 263 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
544 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 38 RBS-CUNA0483016 Presentation (Sealed Document) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
545 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 39 RBS-CUNA0376134 May 30 2103 Radhakishun Exhibit 264 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
546 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 40 RBS-CUNA0327479 March 6 2013 Balabanian Exhibit 90 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
547 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 41 RBS-CUNA0052475 May 15 2013 Curran Exhibit 168 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
548 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 42 RBS-CUNA0078892 May 17 2013 Carothers Exhibit 228 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
549 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 43 RBS-CUNA0417807 January 28 2013 Camacho Exhibit 41 (Sealed
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Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
550 Declaration of Gavin Campbell re 541 Response to Proposed Findings of Fact
(Sealed Document) (Attachments:
# 1 Exhibit 196-RBS-CUNA0039205-229,
# 2 Exhibit 197-RBS-CUNA0075448-61_491901-02,
# 3 Exhibit 198-RBS-CUNA0493122-24,
# 4 Exhibit 199-RBS-CUNA0351621-643,
# 5 Exhibit 200-S-3 01.11.2006 Filing Detail,
# 6 Exhibit 201-Amended S-3 02.23.2006 Filing Detail) (Pilmer, Robert) (Entered:
03/07/2014)
03/07/2014
551 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 44 RBS-CUNA0417519 May 15 2013 Curran Balabanian Exhibit 91 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
552 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 45 RBS-CUNA0483033 July 18 2005 Lawson Email (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
553 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 46 RBS-CUNA0283213 Carothers December 2 2005 Email to Prusha and
Warmuth (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
554 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 47 RBS-CUNA0290677 Carothers February 27 2007 Email to Prusha and
Warmuth (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
555 Redaction to 550 Declaration, of Gavin Campbell in Support of RBS Securities Inc.'s
Responses to Plaintiffs' Proposed Findings of Fact by Defendant RBS Securities,
Inc. (Attachments:
# 1 Exhibit 196-199-Filed Under Seal,
# 2 Exhibit 200-S-3 01.11.2006 Filing Detail,
# 3 Exhibit 201-Amended S-3 02.23.2006 Filing Detail) (Pilmer, Robert) (Entered:
03/07/2014)
03/07/2014
556 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 48 RBS-CUNA0165592 Carothers August 4 2005 Email to Prusha (Sealed
Document) (Attachments:
# 1 Exhibit 49 RBS-CUNA0181315 September 12 2005 Carothers Email to Prusha)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
557 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 50 RBS-CUNA0262185 Carothers November 3 2005 Email to Prusha
(Sealed Document) (Attachments:
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# 1 Exhibit 51 CUNARBS000488095 Carothers February 27 2007 Email to Prusha
and Warmuth) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
558 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 52 RBS-CUNA0007716 December 23 2004 Deloitte & Touche Report on
RAMC 2004-4 (Sealed Document) (Attachments:
# 1 Exhibit 53 Form S-3 Shelf Registration Statement) (Berezney, Steven) (Entered:
03/07/2014)
03/07/2014
559 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 54 Form S-3 (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
560 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 55 Form S-3 (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
561 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 56 Form S-3 (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
562 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 57 Form S-3 (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
563 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 58 Form S-3 (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
564 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 59 Form S-3 (Sealed Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
565 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 60 RBS-CUNA0164727 May 16 2013 Gimpel Exhibit 170 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
566 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 61 RBS-CUNA0284133 May 16 2013 Gimpel Exhibit 169 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
567 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 62 RBS-CUNA0454277 RAMC 2004-4 Term Sheet (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
568 Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA Mutual
Insurance Society, MEMBERS Life Insurance Company re: 343 Motion for
Summary Judgment filed by RBS Securities, Inc. (Sealed Document) (Berezney,
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Steven) (Entered: 03/07/2014)
03/07/2014
569 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 63 RBS-CUNA0262062 May 21 2013 McMullin Exhibit 234 (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
570 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 64 RBS-CUNA0166698 SVHE 2005-OPT4 Term Sheet (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
571 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 65 RBS-CUNA0152063 Soundview Home Loan Trust 2005-B (Sealed
Document) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
572 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 65 RBS-CUNA0165758 March 6 2013 Balabanian Exhibit 104 (Sealed
Document) (Attachments:
# 1 Exhibit 67 SP-CMFG_0007720 September 23 2005 Ellisen Email RBSGC
2005-A) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
573 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 68 SP-CMFG_0007862 September 28 2005 Email RBSGC 2005-A (Sealed
Document) (Attachments:
# 1 Exhibit 69 January 10 2014 Walsh Exhibit 402 2/4/05 Letter to SEC from
Wright) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
574 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 70 January 10 2014 Walsh Exhibit 401 January 31 2005 Letter to SEC
(Sealed Document) (Attachments:
# 1 Exhibit 71 January 10 2014 Walsh Exhibit 404 2/15/05 Letter to SEC)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
575 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 72 RBS-CUNA0017422 Carothers 2/23/06 Email to Prusha RE CMBS
(Sealed Document) (Attachments:
# 1 Exhibit 73 RBS-CUNA0177640 RBSGC 2007-A) (Berezney, Steven) (Entered:
03/07/2014)
03/07/2014
576 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 74 CUNARBS000399084 Carothers 3/12/07 Email (Sealed Document)
(Attachments:
# 1 Exhibit 75 CUNARBS000399085) (Berezney, Steven) (Entered: 03/07/2014)
8/28/2014 10:28 AM
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03/07/2014
577 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 76 2/23/06 Letter from Kudenholdt to Morris at SEC (Sealed Document)
(Attachments:
# 1 Exhibit 77 CUNARBS000349893 5/17/13 Carothers Exhibit 205) (Berezney,
Steven) (Entered: 03/07/2014)
03/07/2014
578 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 78 RBS-CUNA0001194 5/30/13 Radhakishun Exhibit 253 (Sealed
Document) (Attachments:
# 1 Exhibit 79 RBS-CUNA0001231 5/30/13 Radhakishun Exhibit 254) (Berezney,
Steven) (Entered: 03/07/2014)
03/07/2014
579 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 80 RBS-CUNA0005346 5/30/13 Radhakishun Exhibit 255 (Sealed
Document) (Attachments:
# 1 Exhibit 81 RBS-CUNA0005386 5/30/13 Radhakishun Exhibit 256) (Berezney,
Steven) (Entered: 03/07/2014)
03/07/2014
580 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 82 RBS-CUNA1535551 RALI 2006-QS3 Part 1 (Sealed Document)
(Attachments:
# 1 Exhibit 82 Part 2 RBS-CUNA1535551 RALI 2006-QS3,
# 2 Exhibit 82 Part 3 RBS-CUNA1535551 RALI 2006-QS3,
# 3 Exhibit 82 Part 4 RBS-CUNA1535551 RALI 2006-QS3) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
581 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 83 RBS-CUNA0012681 2006 QS3 (Sealed Document) (Attachments:
# 1 Exhibit 84 RBS-CUNA0006673 Officer's Certificate Radhakishun) (Berezney,
Steven) (Entered: 03/07/2014)
03/07/2014
582 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 85 RBS-CUNA0289893 RBSGC 2007A (Sealed Document) (Attachments:
# 1 Exhibit 86 RBS-CUNA0283215 2005-4,
# 2 Exhibit 87 OTS Examination Handbook) (Berezney, Steven) (Entered:
03/07/2014)
03/07/2014
583 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 88 RBS-CUNA0156276 2/21/13 Skibo Exhibit 74 (Sealed Document)
(Attachments:
# 1 Exhibit 89 RBS-CUNA0257477 3/6/13 Balabanian Exhibit 98,
# 2 Exhibit RBS-CUNA0257484 Balabanian 9/23/05 Email) (Berezney, Steven)
(Entered: 03/07/2014)
8/28/2014 10:28 AM
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584 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 91 RBS-CUNA0255304 3/6/13 Balabanian Exhibit 96 (Sealed Document)
(Attachments:
# 1 Exhibit 92 RBS-CUNA0418744 3/6/13 Balabanian Exhibit 92,
# 2 Exhibit 93 CUNARBS000294989 S&P's US Residential Subprime Mortgage
Criteria) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
585 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 94 RBS-CUNA0394454 Moody's Approach to Coding (Sealed Document)
(Attachments:
# 1 Exhibit 95 RBS-CUNA0398420 Rating ABS Seller Servicers,
# 2 Exhibit 96 RBS-CUNA04101047 Data Quality Control Manual for S&P's
Levels) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
586 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 97 SP-CMFG_0017386 10/25/05 Lost Deal Memo (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
587 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 98 RBS-CUNA0153029 2/21/13 Skibo Exhibit 72 (Sealed Document)
(Attachments:
# 1 Exhibit 99 RBS-CUNA0058710 Zegar 9/26/05 Email,
# 2 Exhibit 100 RBS-CUNA0085007 2/21/13 Skibo Exhibit 69) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
588 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 101 RBS-CUNA0327653 1/17/13 Farrell Exhibit 28 (Sealed Document)
(Attachments:
# 1 Exhibit 102 RBS-CUNA0327963 Finance Groups Investment Banking Sales
and Trading Policies and Procedures,
# 2 Exhibit 103 RBS-CUNA0327515 1/17/13 Farrell Exhibit 25,
# 3 Exhibit 104 RBS-CUNA0327840 2/21/13 Skibo Exhibit 88) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
589 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 105 RBS-CUNA0376279 1/17/13 Farrell Exhibit 31 (Sealed Document)
(Attachments:
# 1 Exhibit 106 RBS-CUNA0034452 1/28/13 Camacho Exhibit 42,
# 2 Exhibit 107 RBS-CUNA0086204 1/28/13 Camacho Exhibit 47) (Berezney,
Steven) (Entered: 03/07/2014)
03/07/2014
590 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 108 RBS-CUNA0368260 April 2007 RBS Whole Loan Acquisition (Sealed
8/28/2014 10:28 AM
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Document) (Attachments:
# 1 Exhibit 109 RBS-CUNA1416947 6/9/07 Gimpel Email to Skibo and others,
# 2 Exhibit 110 RBS-CUNA0376362 5/30/13 Radhakishun Exhibit 261) (Berezney,
Steven) (Entered: 03/07/2014)
03/07/2014
591 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 111 RBS-CUNA0376428 1/28/13 Camacho Exhibit 40 (Sealed Document)
(Attachments:
# 1 Exhibit 112 RBS-CUNA0152910 Forostoski email to Farrell 11/26/06,
# 2 Exhibit 113 RBS-CUNA0376534 1/17/13 Farrell Exhibit 38) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
592 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 114 RBS-CUNA0376578 8/2/06 RBS Memorandum (Sealed Document)
(Attachments:
# 1 Exhibit 115 RBS-CUNA0351534 1/17/13 Farrell Exhibit 29,
# 2 Exhibit 116 RBS-CUNA0478294 1/10/14 Walsh Exhibit 418,
# 3 Exhibit 117 RBS-CUNA0255271 3/6/13 Balabanian Exhibit 113) (Berezney,
Steven) (Entered: 03/07/2014)
03/07/2014
593 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 118 RBS-CUNA0278707 5/21/13 McMullin Exhibit 250 (Sealed Document)
(Attachments:
# 1 Exhibit 119 RBS-CUNA0376497 RBS Capital Deal Memo,
# 2 Exhibit 120 2/21/13 Skibo Exhibit 89 RBS-CUNA0349528,
# 3 Exhibit 121 RBS-CUNA0367832 Underwriting & Syndications) (Berezney,
Steven) (Entered: 03/07/2014)
03/07/2014
594 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 122 RBS-CUNA1422571 November 2006 RBS Group Internal Audit (Sealed
Document) (Attachments:
# 1 Exhibit 123 CLAY-CMFGRBS-001540 Voluminous Confidential Document
Filed Manually In a Disc,
# 2 Exhibit 124 Voluminous Confidential Document Filed Manually in a Disc,
# 3 Exhibit 125 CLAY-CMFGRBS-007753 Voluminous Confidential Document
Filed Manually in a disc) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
595 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 126 RBS-CUNA0276878 8/24/05 Email from Barbera to Lawson (Sealed
Document) (Attachments:
# 1 Exhibit 127 RBS-CUNA0086204 7/18/05 Memo from Camacho,
# 2 Exhibit 128 RBS-CUNA0086210 1/28/13 Camacho Exhibit 48,
# 3 Exhibit 129 RBS-CUNA0086216 1/28/13 Camacho Exhibit 49) (Berezney,
Steven) (Entered: 03/07/2014)
8/28/2014 10:28 AM
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596 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 130 RBS-CUNA0086222 1/28/13 Camacho Exhibit 50 (Sealed Document)
(Attachments:
# 1 Exhibit 131 RBS-CUNA0086237 1/28/13 Camacho Exhibit 51,
# 2 Exhibit 132 RBS-CUNA0086243 1/28/13 Camacho Exhibit 52,
# 3 Exhibit 133 RBS-CUNA0086198 7/29/05 Memo from Lawson to McManus)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
597 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 134 11/20/12 Defendant RBS's Second Amended Responses to CMFG's
Interrogatories (Sealed Document) (Attachments:
# 1 Exhibit 135 RBS-CUNA0773475 The Capital Group Presentation,
# 2 Exhibit 136 RBS-CUNA0773598 The Capital Group) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
598 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 137 Clay-CMFGRBS-000851 (Sealed Document) (Attachments:
# 1 Exhibit 138 CLAY-CMFGRBS-000864,
# 2 Exhibit 139 CLAY-CMFGRBS-000936 8/27/13 Beal Exhibit 294,
# 3 Exhibit 140 RBS-CUNA0778405 8/12/05 Email from Barbera to Goudie and
Lawson) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
599 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 141 RBS-CUNA0280768 Voluminous Confidential Document Filed
Manually in a Disc (Sealed Document) (Attachments:
# 1 Exhibit 142 RBS-CUNA0351528,
# 2 Exhibit 143 RBS-CUNA0351530 1/31/14 Grice Exhibit 505,
# 3 Exhibit 144 RBS-CUNA0086192 Exception Report from Clayton 11/10/05)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
600 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 145 RBS-CUNA0191201 Lawson 11/14/05 Email (Sealed Document)
(Attachments:
# 1 Exhibit 146 RBS-CUNA0191202 11/10/05 Memo from Lawson,
# 2 Exhibit 147 RBS-CUNA0191206,
# 3 Exhibit 148 RBS-CUNA0034452 11/01/05 Camacho Memo) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
601 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 149 RBS-CUNA0086181 11/1/05 Camacho Memo (Sealed Document)
(Attachments:
# 1 Exhibit 150 RBS-CUNA0360533 11/3/05 Camacho Email,
# 2 Exhibit 151 RBS-CUNA0277051 4/19/05 Whittemore Memo,
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# 3 Exhibit 152 CLAY-CMFGRBS-005560 Voluminous Confidential Document
Filed Manually in a Disc) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
602 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 153 RBS-CUNA0495360 1/31/14 Grice Exhibit 502 (Sealed Document)
(Attachments:
# 1 Exhibit RBS-CUNA0483116 1/31/14 Grice Exhibit 503,
# 2 Exhibit 155 RBS-CUNA0220809 3/29/04 Email from Leonard,
# 3 Exhibit 156 RBS-CUNA1414883 6/25/09 Email to Farrell from RBS)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
603 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 157 1/31/14 Grice Exhibit 509 (Sealed Document) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
604 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 158 CLAY-CMFGRBS-001134 8/27/13 Beal Exhibit 287 (Sealed Document)
(Attachments:
# 1 Exhibit 159 RBS-CUNA0027044 Voluminous Confidential Document Filed
Manually in a Disc,
# 2 Exhibit 160 CLAY-CMFGRBS-003601 8/27/13 Beal Exhibit 288,
# 3 Exhibit 161 RBS-CUNA0027042 Voluminous Confidential Document Filed
Manually in a Disc) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
605 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 162 CLAY-CMFGRBS-005493 8/27/13 Beal Exhibit 289 (Sealed Document)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
606 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 163 CLAY-CMFGRBS-006598 8/27/13 Beal Exhibit 290 (Sealed Document)
(Attachments:
# 1 Exhibit 164 CLAY-CMFGRBS-006688 8/27/13 Beal Exhibit 291) (Berezney,
Steven) (Entered: 03/07/2014)
03/07/2014
607 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 165 RBS-CUNA0773273 2/3/05 Palmer Email (Sealed Document)
(Attachments:
# 1 Exhibit 166 RBS-CUNA0773509 7/25/05 Palmer Email,
# 2 Exhibit 167 RBS-CUNA0368231 Voluminous Confidential Document Filed
Manually in a Disc,
# 3 Exhibit 168 Not Used,
# 4 Exhibit 169 CLAY-CMFGRBS-003868) (Berezney, Steven) (Entered:
03/07/2014)
8/28/2014 10:28 AM
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03/07/2014
608 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 170 RBS-CUNA0027043 Voluminous Confidential Document Filed
Manually in a Disc (Sealed Document) (Attachments:
# 1 Exhibit 171 CLAY-CMFGRBS-004794 8/27/13 Beal Exhibit 293,
# 2 Exhibit 172 RBS-CUNA0368039 1/28/13 Camacho Exhibit 54,
# 3 Exhibit 173 RBS-CUNA0351529 1/31/14 Grice Exhibit 504) (Berezney,
Steven) (Entered: 03/07/2014)
03/07/2014
609 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 174 RBS-CUNA0351533 Voluminous Confidential Document Filed
Manually in a Disc (Sealed Document) (Attachments:
# 1 Exhibit 175 RBS-CUNA0027038 Voluminous Confidential Document Filed
Manually in a Disc,
# 2 Exhibit 176 RBS-CUNA0027040 Voluminous Confidential Document Filed
Manually in a Disc,
# 3 Exhibit 177 CLAY-CMFGRBS-005110 Voluminous Confidential Document
Filed Manually in a Disc,
# 4 Exhibit 178 Not Used,
# 5 Exhibit 179 RBS-CUNA0272856 7/12/05 Balabanian Email) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
610 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 180 RBS-CUNA1419969 9/25/07 Email from Leo (Sealed Document)
(Attachments:
# 1 Exhibit 181 RBS-CUNA1418043 7/31/07 Camacho Email,
# 2 Exhibit 182 RBS-CUNA1422367 8/27/04 Farrell Email,
# 3 Exhibit 183 RBS-CUNA1422376 4/19/06 Lawson Email) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
611 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 184 RBS-CUNA0156341 Voluminous Confidential Document Filed
Manually in a Disc (Sealed Document) (Attachments:
# 1 Exhibit 185 RBS-CUNA0395989 Voluminous Confidential Document Filed
Manually in a Disc,
# 2 Exhibit 186 RBS-CUNA0280470 Voluminous Confidential Document Filed
Manually in a Disc,
# 3 Exhibit 187 RBS-CUNA0053135,
# 4 Exhibit 188 RBS-CUNA0053137 Voluminous Confidential Document Filed
Manually in a Disc,
# 5 Exhibit 189 RBS-CUNA0500088 O'Connor 9/2/05 Email) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
612 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 190 7/15/13 RBS's Second Amended Response to CUMIS's First Set of
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Interrogatories (Sealed Document) (Attachments:
# 1 Exhibit 191 RBS-CUNA0396580 Property Valuation Review Policy) (Berezney,
Steven) (Entered: 03/07/2014)
03/07/2014
613 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 192 RBS-CUNA0083050 11/15/05 Leo Email (Sealed Document)
(Attachments:
# 1 Exhibit 193 RBS-CUNA0159054 12/19/12 Leinwand Exhibit 17,
# 2 Exhibit 194 RBS-CUNA0159055 12/19/12 Leinwand Exhibit 18,
# 3 Exhibit 195 RBS-CUNA0159056 Kronick 10/6/05 Email to Leinwand)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
614 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 196 RBS-CUNA0175428 10/6/05 Kronick email to Zegar (Sealed
Document) (Attachments:
# 1 Exhibit 197 RBS-CUNA0146080 3/8/13 Zegar Exhibit 192,
# 2 Exhibit 198 RBS-CUNA0145552 11/17/06 Zegar Email to Radhakishun,
# 3 Exhibit 199 RBS-CUNA0343362 2/21/13 Skibo Exhibit 78) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
615 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 200 RBS-CUNA0350610 2/21/13 Skibo Exhibit 87 (Sealed Document)
(Attachments:
# 1 Exhibit 201 RBS-CUNA0346383 Gimpel 12/19/06 Email,
# 2 Exhibit 202 RBS-CUNA1418059 2/22/07 Skibo Email) (Berezney, Steven)
(Entered: 03/07/2014)
03/07/2014
616 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 203 1/10/14 Walsh Exhibit 435 RBS-CUNA0406362 Part 1 (Sealed
Document) (Attachments:
# 1 Exhibit 203 Part 2 1/10/14 Walsh Exhibit 435 RBS-CUNA0406362,
# 2 Exhibit 203 Part 3 Walsh Exhibit 435) (Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
617 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 205 RBS-CUNA0171564 US MBS Strategy 2006 Outlook (Sealed
Document) (Attachments:
# 1 Exhibit 206 RBS-CUNA0289648 5/17/13 Carothers Exhibit 226,
# 2 Exhibit 207 CUNARBS000098583 3/14/07 Prusha Email RE Bear Stearns)
(Berezney, Steven) (Entered: 03/07/2014)
03/07/2014
618 Exhibit to 515 Response to Proposed Findings of Fact,,,, filed by MEMBERS Life
Insurance Company, CUNA Mutual Insurance Society, CUMIS Insurance Society
Exhibit 208 RBS-CUNA0489610 Skibo 4/2/07 Email (Sealed Document)
(Attachments:
# 1 Exhibit 209 CUNARBS000005619 11/28/07 Email) (Berezney, Steven)
8/28/2014 10:28 AM
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(Entered: 03/07/2014)
03/08/2014
619 Disregard. Misfiled wrong document. Modified on 3/10/2014 (jaf). (Entered:
03/08/2014)
03/10/2014
620 Expert Report of David E. Abshier by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company (Sealed Document)
(Attachments:
# 1 Exhibit 1 Appendices Index,
# 2 Exhibit 2 Appendix A - Curriculum Vitae,
# 3 Exhibit 3 Appendix B - Information Reviewed and Considered,
# 4 Exhibit 4 Appendix C - Summary of Loan Conclusions,
# 5 Exhibit 5 Appendix D - Rebuttal Forms, Part 1,
# 6 Exhibit 6 Appendix D - Rebuttal Forms, Part 2,
# 7 Exhibit 7 Appendix D - Rebuttal Forms, Part 3,
# 8 Exhibit 8 Appendix D - Rebuttal Forms, Part 4,
# 9 Exhibit 9 Appendix D - Rebuttal Forms, Part 5) (Berezney, Steven) Modified on
3/11/2014 (rep). (Entered: 03/10/2014)
03/10/2014
621 Redacted Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company re: 337 Motion to
Strike filed by RBS Securities, Inc. (Attachments:
# 1 Exhibit Exh A - Confidential Native File Manually filed in a Disk,
# 2 Exhibit Exh B - Confidential Native File Manually filed in a Disk,
# 3 Exhibit Exh C - Confidential Native File Manually filed in a Disk,
# 4 Exhibit Exh D - April 3, 2013 email from Sorter to Dorowitz,
# 5 Exhibit Exh E - May 11, 2013 e-mail from M. Klenov to P. Leaf,
# 6 Exhibit Exh F - Underwriting Guidelines Spreadsheet (UNDER SEAL),
# 7 Exhibit Exh G - 11.22.2013 - CMFG v. RBS - Expert Report of D. Abshier
(UNDER SEAL),
# 8 Exhibit Exh H - February 27, 2014 e-mail from D. Horowitz to M. Klenov
(UNDER SEAL),
# 9 Exhibit Exh I - February 25, 2014 e-mail thread (UNDER SEAL),
# 10 Exhibit Exh J - January 7, 2014 e-mail thread between D. Horowitz and M.
Klenov,
# 11 Exhibit Exh K - January 27, 2014 e-mail from P. Leaf to M. Klenov,
# 12 Exhibit Exh L - February 5, 2014 e-mail thread between A. Pilmer and M.
Klenov,
# 13 Exhibit Exh M - Holt report in In re Wash. Mut. Mortgage,
# 14 Exhibit Exh N - ResCap-CUNA00022494-95 (UNDER SEAL),
# 15 Exhibit Exh O - Copy of Exhibit F to Holt Report with column headings on
each page (UNDER SEAL),
# 16 Exhibit Exh P - Excerpts of loan file for loan no. 85719656 (loan file)(UNDER
SEAL)) (Spicer, Tamara) (Entered: 03/10/2014)
03/10/2014
622 Exhibits A-C filed on CD-ROM to 489 Brief in Opposition by Plaintiffs CUMIS
Insurance Society, CUNA Mutual Insurance Society, MEMBERS Life Insurance
Company re: 337 Motion to Strike filed by RBS Securities, Inc. Exhibits maintained
in Clerk's Office Exhibit Room. (arw) (Entered: 03/11/2014)
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03/12/2014
623 Expert Report of David Abshier by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company (Sealed Document)
(Attachments:
# 1 Exhibit 1 - Appendices Index to Abshier Report (Fremont Reorganizing
Corporation v Duke EDMI 10-11923),
# 2 Exhibit 2 - Exhibit A Abshier Curriculum Vitae to Abshier Report (Fremont
Reorganizing Corporation v Duke EDMI 10-11923),
# 3 Exhibit 3 - Appendix B Facts and Data Considered to Abshier Report (Fremont
Reorganizing Corporation v Duke EDMI 10-11923) (Berezney, Steven) (Entered:
03/12/2014)
03/12/2014
624 Redacted Brief in Opposition by Plaintiffs CUMIS Insurance Society, CUNA
Mutual Insurance Society, MEMBERS Life Insurance Company re: 379 Motion for
Miscellaneous Relief filed by RBS Securities, Inc. to Exclude the Valuation
Opinions of Dr. Charles Cowan (Attachments:
# 1 Exhibit 1 - 10/22/2013 Plf CMFG's 7th Set of RFPs to RBS,
# 2 Exhibit 2 - 11/4/2013 CUNA Email fwding Depo Notice,
# 3 Exhibit 3 - 11/27/2013 to 2/20/2014 Email chain,
# 4 Exhibit 4 - Website - CoreLogic AVM,
# 5 Exhibit 5 - Innovation in AVM Testing,
# 6 Exhibit 6 - CoreLogic, Automated Valuation Model Information (Jan. 2012),
# 7 Exhibit 7 - Part 1 Springleaf Mrtg Loan Trust 2011-1, Private Placement Memo,
# 8 Exhibit 7 - Part 2 Springleaf Mrtg Loan Trust 2011-1, Private Placement Memo,
# 9 Exhibit 8 - Mark Fleming Testimony on the Comm on Fin. Scvs,
# 10 Exhibit 9 - Keane - How Loan-Level Insight Can Lead the Way to Resolving
RMBS Crisis) (Attaway, Scott) (Entered: 03/12/2014)
03/12/2014
625 Exhibits 28, 120, 123-125, 141, 152, 159, 161, 167, 170, 174-177, 184-186 and 188
filed on CD-ROM to 515 Additional Facts in Opposition to Defendant's Motion for
Summary Judgment by Plaintiffs CMFG Life Insurance Company, CUMIS
Insurance Society, Inc. and MEMBERS Life Insurance Company. Exhibits
maintained in Clerk's Office Exhibit Room. (arw) (Entered: 03/12/2014)
03/14/2014
626 Redaction to 568 Brief in Opposition, by Plaintiffs CMFG Life Insurance Company,
CUMIS Insurance Society, Inc., MEMBERS Life Insurance Company (Berezney,
Steven) (Entered: 03/14/2014)
03/17/2014
627 Brief in Opposition by Plaintiffs CMFG Life Insurance Company, CUMIS
Insurance Society, Inc., MEMBERS Life Insurance Company re: 456 Motion for
Miscellaneous Relief filed by RBS Securities, Inc. (Sealed Document)
(Attachments:
# 1 Exhibit Assured Guaranty Order,
# 2 Exhibit SEC Letter to RBS,
# 3 Exhibit Ellis v. CCA Brief) (Klenov, Michael) (Entered: 03/17/2014)
03/18/2014
628 Deposition of Faten Sabry, Ph.D. taken on 3/4/2014 (Sealed Document) (Attaway,
Scott) (Entered: 03/18/2014)
03/18/2014
629 Redaction to 627 Brief in Opposition, to RBS's Motion to Maintain Confidential
Designations by Plaintiffs CMFG Life Insurance Company, CUMIS Insurance
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Society, Inc., MEMBERS Life Insurance Company (Attachments:
# 1 Exhibit 1 Assured Guaranty Order,
# 2 Exhibit 2 SEC Letter to RBS,
# 3 Exhibit 3 Ellis v CCA Brief) (Klenov, Michael) (Entered: 03/18/2014)
03/18/2014
630 Motion to Strike 370 Expert Report of Faten Sabry, Ph.D. by Plaintiffs CMFG Life
Insurance Company, CUMIS Insurance Society, Inc., MEMBERS Life Insurance
Company. Response due 3/25/2014. (Attaway, Scott) (Entered: 03/18/2014)
03/18/2014
631 Brief in Support of 630 Motion to Strike Expert Opinions of Faten Sabry, Ph.D. by
Plaintiffs CMFG Life Insurance Company, CUMIS Insurance Society, Inc.,
MEMBERS Life Insurance Company (Sealed Document) (Attaway, Scott) (Entered:
03/18/2014)
03/18/2014
632 Disregard, see entry 633 . Modified on 3/19/2014 (jat). (Entered: 03/18/2014)
03/19/2014
633 Affidavit of Charles D. Cowan, Ph.D. filed by Plaintiffs CMFG Life Insurance
Company, CUMIS Insurance Society, Inc., MEMBERS Life Insurance Company re:
630 Motion to Strike (Sealed Document) (Attaway, Scott) (Entered: 03/19/2014)
03/19/2014
634 Joint Motion to Amend Briefing Schedule Concerning CUNA Mutual's Motion to
Strike Expert Opinions of Faten Sabry, Ph. D. by Defendant RBS Securities, Inc..
Motions referred to Magistrate Judge Stephen L. Crocker. (Pilmer, Robert) (Entered:
03/19/2014)
03/19/2014
635 Redaction to 631 Brief in Support by Plaintiffs CMFG Life Insurance Company,
CUMIS Insurance Society, Inc., MEMBERS Life Insurance Company (Attaway,
Scott) Modified on 3/20/2014 (jaf). (Entered: 03/19/2014)
03/19/2014
636 Redaction to 633 Affidavit of Charles D. Cowan, Ph.D. filed by Plaintiffs CMFG
Life Insurance Company, CUMIS Insurance Society, Inc., MEMBERS Life
Insurance Company (Attaway, Scott) Modified on 3/20/2014 (jaf). (Entered:
03/19/2014)
03/20/2014
637 ** TEXT ONLY ORDER **
ORDER granting 634 Motion to Amend Briefing Schedule regarding 630 Motion to
Strike. Brief in Opposition due 4/8/2014. Brief in Reply due 4/23/2014. Signed by
Magistrate Judge Stephen L. Crocker on 3/20/2014. (jat) (Entered: 03/20/2014)
03/21/2014
638 Brief in Reply by Defendant RBS Securities, Inc. in Support of 456 Motion for
Miscellaneous Relief (Motion to Protect the Confidentiality of Documents Pursuant
to the Second Amended Stipulated Protective Order (ECF No. 92) (Sealed
Document) (Pilmer, Robert) (Entered: 03/21/2014)
03/21/2014
639 Declaration of David I. Horowitz re 638 Brief in Reply, in Support of Motion to
Protect the Confidentiality of Documents Pursuant to the Second Amended
Stipulated Protective Order (ECF No. 92) (Sealed Document) (Attachments:
# 1 Exhibit 1 - CUNARBS001347925-26,
# 2 Exhibit 2 - CUNARBS001346752) (Pilmer, Robert) (Entered: 03/21/2014)
03/21/2014
640 Redaction to 639 Declaration, of David I. Horowitz in Support of Reply Brief in
Support of Motion to Protect the Confidentiality of Documents Pursuant to the
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Second Amended Stipulated Protective Order (ECF No. 92) by Defendant RBS
Securities, Inc. (Attachments:
# 1 Exhibit 1 and 2 - Filed Under Seal) (Pilmer, Robert) (Entered: 03/21/2014)
03/26/2014
641 Notice of Appearance of Garrett R. Broshuis filed by Garrett R. Broshuis for
Plaintiffs CMFG Life Insurance Company, CUMIS Insurance Society, Inc.,
MEMBERS Life Insurance Company (Broshuis, Garrett) (Entered: 03/26/2014)
03/26/2014
642 Redaction to 638 Brief in Reply in Support of Motion to Protect the Confidentiality
of Documents Pursuant to the Second Amended Stipulated Protective Order 92 by
Defendant RBS Securities, Inc. (Pilmer, Robert) Modified on 3/27/2014. (arw)
(Entered: 03/26/2014)
03/28/2014
643 Brief in Reply by Plaintiffs CMFG Life Insurance Company, CUMIS Insurance
Society, Inc., MEMBERS Life Insurance Company in Support of 381 Motion for
Summary Judgment (Partial). (Sealed Document) (Berezney, Steven) (Entered:
03/28/2014)
03/28/2014
644 Redaction to 643 Brief in Reply by Plaintiffs CMFG Life Insurance Company,
CUMIS Insurance Society, Inc., MEMBERS Life Insurance Company. (Berezney,
Steven) (Entered: 03/28/2014)
03/28/2014
645 Reply in Support of Proposed Findings of Fact filed by Plaintiffs CMFG Life
Insurance Company, CUMIS Insurance Society, Inc., MEMBERS Life Insurance
Company re: 381 Motion for Summary Judgment (Sealed Document) (Berezney,
Steven) (Entered: 03/28/2014)
03/28/2014
646 Brief in Reply by Defendant RBS Securities, Inc. in Support of 379 Motion to
Exclude the Valuation Opinions of Dr. Charles Cowan. (Sealed Document) (Pilmer,
Robert) Modified on 4/1/2014. (lak) (Entered: 03/28/2014)
03/28/2014
647 Brief in Reply by Defendant RBS Securities, Inc. in Support of 337 Motion to Strike
Ira Holt's Expert Report Pursuant to Federal Rules of Civil Procedures 26(a)(2)(B)
and 37(c)(1). (Sealed Document) (Pilmer, Robert) (Entered: 03/28/2014)
03/28/2014
648 Declaration of David I. Horowitz re: 337 Motion to Strike. (Sealed Document)
(Attachments:
# 1 Exhibit A - Loan 15540229 formula spreadsheet,
# 2 Exhibit B - Loan 85173128 handwritten notes) (Pilmer, Robert) Modified on
4/1/2014 to link to motion instead of brief. (lak) (Entered: 03/28/2014)
03/28/2014
649 Redaction to 648 Declaration of David I. Horowitz by Defendant RBS Securities,
Inc. (Attachments:
# 1 Exhibit A and B - Filed Under Seal) (Pilmer, Robert) (Entered: 03/28/2014)
03/28/2014
650 Redaction to 646 Brief in Reply by Defendant RBS Securities, Inc. (Pilmer, Robert)
Modified on 4/1/2014. (lak) (Entered: 03/28/2014)
03/28/2014
651 Declaration of Dr. Arnold Barnett. (Pilmer, Robert) (Entered: 03/28/2014)
03/28/2014
652 Declaration of Charles H. Grice. (Pilmer, Robert) (Entered: 03/28/2014)
03/28/2014
653 Declaration of David E. Abshier. (Pilmer, Robert) (Entered: 03/28/2014)
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654 Declaration of Dr. Faten Sabry. (Pilmer, Robert) (Entered: 03/28/2014)
03/28/2014
655 Declaration of Lee Kennedy. (Pilmer, Robert) (Entered: 03/28/2014)
03/28/2014
656 Declaration of Ron D' Vari, Ph.D. (Pilmer, Robert) (Entered: 03/28/2014)
03/28/2014
657 Reply in Support of Proposed Findings of Fact filed by Defendant RBS Securities,
Inc. re: 343 Motion for Summary Judgment. (Sealed Document) (Pilmer, Robert)
(Entered: 03/28/2014)
03/28/2014
658 Response to Proposed Findings of Fact filed by Defendant RBS Securities, Inc. re:
343 Motion for Summary Judgment. (Sealed Document) (Pilmer, Robert) Modified
on 4/1/2014. (lak) (Entered: 03/28/2014)
03/28/2014
659 Declaration of Gavin Campbell re: 343 Motion for Summary Judgment. (Sealed
Document) (Attachments:
# 1 Exhibit 202 - LA Times 01.31.2006 Article,
# 2 Exhibit 203 - EStein 10.13.2008 Testimony,
# 3 Exhibit 204 - New York Time 01.22.2008 Article,
# 4 Exhibit 205 - TSpicer to JBhimani Ltr 01.13.13,
# 5 Exhibit 206 - GZelcs to JLoach 10.4.11 Email,
# 6 Exhibit 207-208 - Filed in a Disc_RBS-CUNA0395048_047901,
# 7 Exhibit 209 - RBS-CUNA057674,
# 8 Exhibit 210 - RBS-CUNA028363,
# 9 Exhibit 211 - RBS-CUNA1515544,
# 10 Exhibit 212 - RBS-CUNA0349526,
# 11 Exhibit 213 - RBS-CUNA0035566,
# 12 Exhibit 214 - RBS-CUNA0423641,
# 13 Exhibit 215 - RBS-CUNA0423643,
# 14 Exhibit 216 - Financial Times 11.3.2007 Article,
# 15 Exhibit 217 - Financial Times 12.21.2007 Article,
# 16 Exhibit 218 - Financial Times 3.18.2008 Articl,
# 17 Exhibit 219 - Financial Times 8.7.2008 Article,
# 18 Exhibit 220 - Financial Times 10.20.2008 Article,
# 19 Exhibit 221 - Wall Street Journal 5.1.2009 Article,
# 20 Exhibit 222 - Wall Street Journal 1.13.2010 Article,
# 21 Exhibit 223 - Wall Street Journal 2.16.2010 Article,
# 22 Exhibit 224 - CUNARBS000838246) (Pilmer, Robert) Modified on 4/1/2014
to link to pending motion instead of brief and PFOF. (lak) (Entered: 03/28/2014)
03/28/2014
660 Brief in Reply by Defendant RBS Securities, Inc. in Support of 343 Motion for
Summary Judgment. (Sealed Document) (Pilmer, Robert) (Entered: 03/28/2014)
03/31/2014
661 Redaction to 647 Brief in Reply by Defendant RBS Securities, Inc. (Pilmer, Robert)
Modified on 4/1/2014. (lak) (Entered: 03/31/2014)
03/31/2014
662 Redaction to 659 Declaration of Gavin Campbell by Defendant RBS Securities, Inc.
(Attachments:
# 1 Exhibit 202 - LA Times 01.31.2006 Article,
# 2 Exhibit 203 - EStein 10.13.2008 Testimony,
# 3 Exhibit 204 - New York Time 01.22.2008 Article,
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# 4 Exhibit 205-206 - Filed Under Seal,
# 5 Exhibit 207-208 - Filed in a Disc_RBS-CUNA0395048_0479013,
# 6 Exhibit 209-215 - Filed Under Seal,
# 7 Exhibit 216 - Financial Times 11.3.2007 Article,
# 8 Exhibit 217 - Financial Times 12.21.2007 Article,
# 9 Exhibit 218 - Financial Times 3.18.2008 Article,
# 10 Exhibit 219 - Financial Times 8.7.2008 Article,
# 11 Exhibit 220 - Financial Times 10.20.2008 Article,
# 12 Exhibit 221 - Wall Street Journal 5.1.2009 Article,
# 13 Exhibit 222 - Wall Street Journal 1.13.2010 Article,
# 14 Exhibit 223 - Wall Street Journal 2.16.2010 Article,
# 15 Exhibit 224 - Filed Under Seal) (Pilmer, Robert) Modified on 4/1/2014. (lak)
(Entered: 03/31/2014)
03/31/2014
663 Redaction to 660 Brief in Reply by Defendant RBS Securities, Inc. (Pilmer, Robert)
Modified on 4/1/2014. (lak) (Entered: 03/31/2014)
04/03/2014
664 Motion for Leave to File Short Sur-Response in Opposition to Defendant's Motion
for Summary Judgment by Plaintiffs CMFG Life Insurance Company, CUMIS
Insurance Society, Inc., MEMBERS Life Insurance Company. (Berezney, Steven)
(Entered: 04/03/2014)
04/03/2014
665 Brief in Opposition by Defendant RBS Securities, Inc. re: 664 Motion for Leave to
File filed by MEMBERS Life Insurance Company, CMFG Life Insurance Company,
CUMIS Insurance Society, Inc. (Pilmer, Robert) (Entered: 04/03/2014)
04/04/2014
666 ** TEXT ONLY ORDER **
The court is in receipt of plaintiffs' motion 664 for leave to file a short sur-response
in opposition to defendant's motion for summary judgment and defendant's
opposition 665 . The court will deny the motion except to treat the motion itself as a
short "sur-reply" and RBS' opposition as its "sur-response," confident that it has
now received all information required to decide the parties' cross-motions. The
record on those motions is now closed. Signed by District Judge William M. Conley
on 4/4/2014. (jat) Modified on 4/7/2014. (arw) (Entered: 04/04/2014)
04/04/2014
667 Motion for Protective Order Quashing CUNA's Second Amended Notice of Rule
30(b)(6) Deposition by Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered:
04/04/2014)
04/04/2014
668 Brief in Support of 667 Motion for Protective Order Quashing CUNA's Second
Amended Notice of Rule 30(b)(6) Deposition by Defendant RBS Securities, Inc.
(Sealed Document) (Pilmer, Robert)
# 1 Appendix A - Chart) Modified on 4/7/2014 to make Appendix A a separate
attachment. (lak) (Entered: 04/04/2014)
04/04/2014
669 Declaration of David Horowitz filed by Defendant RBS Securities, Inc. re: 667
Motion for Protective Order (Sealed Document) (Attachments:
# 1 Exhibit A-Notice of 30(b)(6) Deposition,
# 2 Exhibit B-Pilmer to Gutzler 11.25.13 Email Chain,
# 3 Exhibit C-Horowitz to Gutzler 12.07.13 Email Chain,
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# 4 Exhibit D-Mello to Berezney 01.29.14 Ltr,
# 5 Exhibit E-Amended Rule 30(b)(6) Notice,
# 6 Exhibit F-Berezney to Mello 02.06.14 Ltr,
# 7 Exhibit G-Horowitz to Berezney 02.21.14 Ltr,
# 8 Exhibit H-Second Amended 30(b)(6) Notice,
# 9 Exhibit I-Berezney to Horowitz 03.26.14 Ltr) (Pilmer, Robert) Modified on
4/4/2014. (lak) (Entered: 04/04/2014)
04/04/2014
Set Deadlines as to 667 Motion for Protective Order Quashing CUNA's Second
Amended Notice of Rule 30(b)(6) Deposition. Brief in Opposition due 4/14/2014.
Brief in Reply due 4/18/2014. Telephone Motion Hearing set for 4/23/2014 at 02:00
PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible
for setting up the call to chambers at (608) 264-5153. (jat) (Entered: 04/04/2014)
04/08/2014
670 Brief in Opposition by Defendant RBS Securities, Inc. re: 630 Motion to Strike filed
by MEMBERS Life Insurance Company, CMFG Life Insurance Company, CUMIS
Insurance Society, Inc. (the Expert Opinions of Dr. Faten Sabry) (Sealed Document)
(Pilmer, Robert) (Entered: 04/08/2014)
04/08/2014
671 Redaction to 670 Brief in Opposition to CUNA's Motion to Strike the Expert
Opinions of Dr. Faten Sabry, by Defendant RBS Securities, Inc. (Pilmer, Robert)
Modified on 4/9/2014. (lak) (Entered: 04/08/2014)
04/14/2014
672 Brief in Opposition by Plaintiffs CMFG Life Insurance Company, CUMIS
Insurance Society, Inc., MEMBERS Life Insurance Company re: 667 Motion for
Protective Order filed by RBS Securities, Inc. (Sealed Document) (Attachments:
# 1 Exhibit 1 - January 7 2014 Berezney Correspondence to Horowitz re: 30(b)(6)
Deposition) (Berezney, Steven) (Entered: 04/14/2014)
04/14/2014
673 Redaction to 672 Brief in Opposition, by Plaintiffs CMFG Life Insurance Company,
CUMIS Insurance Society, Inc., MEMBERS Life Insurance Company
(Attachments:
# 1 Exhibit 1 - January 7 2014 Berezney Correspondence to Horowitz re: 30(b)(6)
Deposition) (Berezney, Steven) (Entered: 04/14/2014)
04/18/2014
674 Brief in Reply by Defendant RBS Securities, Inc. in Support of 667 Motion for
Protective Order Quashing CUNA's Second Amended Notice of Rule 30(b)(6)
Deposition (Sealed Document) (Pilmer, Robert) (Entered: 04/18/2014)
04/18/2014
675 Declaration of Gavin Campbell filed by Defendant RBS Securities, Inc. in Support
of RBS Securities Inc.'s Reply in Support of Motion for a Protective Order Quashing
CUNA's Second Amended Notice of Rule 30(b)(6) Deposition re: 667 Motion for
Protective Order (Sealed Document) (Attachments:
# 1 Exhibit 1 - 07.15.2013 Letter from D. Horowitz to R. King,
# 2 Exhibit 2 - RBS Resps. to 4th Set of Interrogatories,
# 3 Exhibit 3 - 8.23.2013 Zanga Declaration; see also 677 ,
# 4 Exhibit 4 -12.20.2012 Perry Dep. Tr. Filed Under Seal as a Sep Dkt Entry)
(Pilmer, Robert) Modified on 4/21/2014. (arw) (Entered: 04/18/2014)
04/18/2014
676 Deposition of Jonathan Perry taken on 12.20.2012 . (Sealed Document) (Pilmer,
Robert) (Entered: 04/18/2014)
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677 Declaration of Michael Zanga re 667 Motion for Protective Order. (Sealed
Document) (Pilmer, Robert) Modified on 4/23/2014. (arw) (Entered: 04/21/2014)
04/23/2014
Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Motion Hearing held on 4/23/2014 re: 667 Motion for Protective Order
Quashing CUNA's Second Amended Notice of Rule 30(b)(6) Deposition. [:25]
(Court Reporter CS) (skv) (Entered: 04/23/2014)
04/23/2014
678 Brief in Reply by Plaintiffs CMFG Life Insurance Company, CUMIS Insurance
Society, Inc., MEMBERS Life Insurance Company in Support of 630 Motion to
Strike Expert Opinions of Faten Sabry, Ph.D., Or In the Alternative, to Admit the
Rebuttal Opinions of Charles D. Cowan, Ph.D. (Sealed Document) (Attachments:
# 1 Exhibit 1 - 1/10/2014 Horowitz Email to Klenov) (Attaway, Scott) (Entered:
04/23/2014)
04/23/2014
679 Motion to Admit Richard M. Elias Pro Hac Vice. (Pro Hac Vice fee $50, receipt
number 0758-1336797) by Plaintiffs CMFG Life Insurance Company, CUMIS
Insurance Society, Inc., MEMBERS Life Insurance Company. Motions referred to
Magistrate Judge Stephen L. Crocker. (Elias, Richard) (Entered: 04/23/2014)
04/23/2014
680 ** TEXT ONLY ORDER **
At an April 23, 2014 telephonic hearing, the court granted in part and denied in part
defendant's motion for protection from plaintiff's proposed Rule 30(b)(6) deposition
667 . As explained in more detail at the hearing, plaintiff is entitled to such a
deposition in order to crystalize and distill the corporate defendant's testimony, but
the challenged deposition notice was unfairly and unnecessary broad. Plaintiff may
submit an amended notice that is as narrow as plaintiff can make it, but in no event
shall it contain more than 15 topics/57 subtopics. The parties shall meet and confer
about any new notice, and the court remains available on short notice to referee any
disputes about its scope. The deposition itself shall not exceed seven hours of
testimony. The court will reserve any ruling on cost shifting until after the
deposition occurs. Signed by Magistrate Judge Stephen L. Crocker on 4/23/2014.
(arw) (Entered: 04/23/2014)
04/25/2014
681 Transcript of Telephonic Motion Hearing, held 4/23/2014 before Magistrate Judge
Stephen L. Crocker. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (arw) (Entered:
04/25/2014)
04/25/2014
682 Redaction to 678 Brief in Reply by Plaintiffs CMFG Life Insurance Company,
CUMIS Insurance Society, Inc., MEMBERS Life Insurance Company.
(Attachments:
# 1 Exhibit 1 - 1/10/2014 Horowitz Email to Klenov) (Attaway, Scott) Modified on
4/28/2014. (lak) (Entered: 04/25/2014)
04/25/2014
683 ** TEXT ONLY ORDER **
ORDER granting 679 Motion to Admit Richard M. Elias Pro Hac Vice. Signed by
Magistrate Judge Peter Oppeneer on 4/25/2014. (arw) (Entered: 04/25/2014)
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684 Redaction to 668 Brief in Support of Motion for a Protective Order Quashing
CUNA's Second Amended Notice of Rule 30(b)(6) Deposition by Defendant RBS
Securities, Inc. (Pilmer, Robert) (Entered: 04/25/2014)
04/25/2014
685 Redaction to 669 Declaration of David Horowitz in Support of Motion for Protective
Order Quashing CUNA's Second Amended Notice of Rule 30(b)(6) Deposition by
Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit A - Filed Under Seal,
# 2 Exhibit B - Pilmer to Gutzler 11.25.13 Email Chain,
# 3 Exhibit C - Filed Under Seal,
# 4 Exhibit D - Mello to Berezney 01.29.14 Ltr,
# 5 Exhibit E - Filed Under Seal,
# 6 Exhibit F - Berezney to Mello 02.06.14 Ltr,
# 7 Exhibit G-I - Filed Under Seal) (Pilmer, Robert) (Entered: 04/25/2014)
04/25/2014
686 Redaction to 674 Brief in Reply in Support of Motion for Protective Order
Quashing CUNA's Second Amended Notice of Rule 30(b)(6) Deposition by
Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered: 04/25/2014)
04/25/2014
687 Redaction to 675 Declaration of Gavin Campbell in Support of Reply in Support of
Motion for a Protective Order Quashing CUNA's Second Amended Notice of Rule
30(b)(6) Deposition by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit 1 through 4 - Filed Under Seal) (Pilmer, Robert) (Entered: 04/25/2014)
05/20/2014
688 Motion for Protective Order Quashing CUNA's Fourth Amended Notice of Rule
30(b)(6) Deposition by Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered:
05/20/2014)
05/20/2014
689 Brief in Support of 688 Motion for Protective Order Quashing CUNA's Fourth
Amended Notice of Rule 30(b)(6) Deposition by Defendant RBS Securities, Inc.
(Sealed Document) (Pilmer, Robert) (Entered: 05/20/2014)
05/20/2014
690 Declaration of Gavin Campbell filed by Defendant RBS Securities, Inc. re: 688
Motion for Protective Order (Sealed Document) (Attachments:
# 1 Exhibit 1 - CUNA's 3rd Amended Rule 30(b)(6) Deposition Notice,
# 2 Exhibit 2 - Letter Dated 5/1/2014 from David Horowitz to Steven Berezney,
# 3 Exhibit 3 - Letter Dated 5/5/2014 from Steven Berezney to David Horowitz,
# 4 Exhibit 4 - Letter Dated 5/8/2014 from David Horowitz to Steven Berezney,
# 5 Exhibit 5 - E-mail Dated 5/14/2014 from Steven Berezney to David Horowitz,
# 6 Exhibit 6 - CUNA's 4th Amended Rule 30(b)(6) Deposition Notice,
# 7 Exhibit 7 - Letter Dated 1/21/2014 from Michelle Mello to Steven Berezney,
# 8 Exhibit 8 - Letter Dated 2/21/2014 from David Horowitz to Steven Berezney)
(Pilmer, Robert) Modified on 5/21/2014 to clarify exhibit descriptions. (lak)
(Entered: 05/20/2014)
05/20/2014
691 Motion for Status Conference to Discuss Trial Date (Sealed Document) by
Defendant RBS Securities, Inc. Response due 5/27/2014. (Attachments:
# 1 Exhibit A - Subpoena to Mortgage Bankers,
# 2 Exhibit B - Revised Subpoena to Bond Market,
# 3 Exhibit C - Revised Subpoena to American Securitization Forum,
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# 4 Exhibit D - Deposition Subpoena to Vernon H.C. Wright) (Pilmer, Robert)
Modified on 5/21/2014. (lak) (Entered: 05/20/2014)
05/21/2014
Set Deadlines and Hearings re: 688 Motion for Protective Order Quashing CUNA's
Fourth Amended Notice of Rule 30(b)(6) Deposition. Brief in Opposition due
5/27/2014. Telephone Motion Hearing set for 5/29/2014 at 3:00 PM before
Magistrate Judge Stephen L. Crocker. Counsel for defendant responsible for setting
up the call to chambers at (608) 264-5153. (arw) (Entered: 05/21/2014)
05/22/2014
692 Brief in Opposition by Plaintiffs CMFG Life Insurance Company, CUMIS
Insurance Society, Inc., MEMBERS Life Insurance Company re: 691 Motion for
Status Conference to Discuss Trial Date, filed by RBS Securities, Inc. (Sealed
Document) (Berezney, Steven) Modified on 5/23/2014. (lak) (Entered: 05/22/2014)
05/22/2014
693 Redaction to 692 Brief in Opposition by Plaintiffs CMFG Life Insurance Company,
CUMIS Insurance Society, Inc., MEMBERS Life Insurance Company. (Berezney,
Steven) Modified on 5/23/2014. (lak) (Entered: 05/22/2014)
05/23/2014
694 Redaction to 689 Brief in Support of Motion for Protective Order Quashing CUNA's
Fourth Amended Notice of Rule 30(b)(6) Deposition by Defendant RBS Securities,
Inc. (Pilmer, Robert) (Entered: 05/23/2014)
05/23/2014
695 Redaction to 690 Declaration of Gavin Campbell in Support of Motion for a
Protective Order Quashing CUNA's Fourth Amended Notice of Rule 30(b)(6)
Deposition by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit 1 - Filed Under Seal,
# 2 Exhibit 2 - Letter Dated 5/1/2014 from David Horowitz to Steven Berezney,
# 3 Exhibit 3 - Letter Dated 5/5/2014 from Steven Berezney to David Horowitz,
# 4 Exhibit 4 - Letter Dated 5/8/2014 from David Horowitz to Steven Berezney,
# 5 Exhibit 5 - E-mail Dated 5/14/2014 from Steven Berezney to David Horowitz,
# 6 Exhibit 6 - Filed Under Seal,
# 7 Exhibit 7 - Letter Dated 1/21/2014 from Michelle Mello to Steven Berezney,
# 8 Exhibit 8 - Filed Under Seal) (Pilmer, Robert) Modified on 5/23/2014. (arw)
Modified on 5/27/2014 to clarify exhibit descriptions. (lak) (Entered: 05/23/2014)
05/23/2014
696 Redaction to 691 Motion for Status Conference to Discuss Trial Date (Sealed
Document) by Defendant RBS Securities, Inc. (Attachments:
# 1 Exhibit A - Subpoena to Mortgage Bankers,
# 2 Exhibit B - Revised Subpoena to Bond Market,
# 3 Exhibit C - Revised Subpoena to American Securitization Forum,
# 4 Exhibit D - Depo Subpoena to Vernon H.C. Wright) (Pilmer, Robert) Modified
on 5/27/2014. (lak) (Entered: 05/23/2014)
05/23/2014
697 Redaction to 677 Declaration of Michael Zanga by Defendant RBS Securities, Inc.
(Pilmer, Robert) (Entered: 05/23/2014)
05/27/2014
698 Brief in Opposition by Plaintiffs CMFG Life Insurance Company, CUMIS
Insurance Society, Inc., MEMBERS Life Insurance Company re: 688 Motion for
Protective Order filed by RBS Securities, Inc. (Sealed Document) (Berezney,
Steven) (Entered: 05/27/2014)
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05/27/2014
699 Redaction to 698 Brief in Opposition, by Plaintiffs CMFG Life Insurance Company,
CUMIS Insurance Society, Inc., MEMBERS Life Insurance Company. (Berezney,
Steven) (Entered: 05/27/2014)
05/28/2014
700 ** TEXT ONLY ORDER **
Having stated no good grounds to move the August 4, 2014, trial date in this matter,
defendant's request for a status conference to discuss the trial date 691 is DENIED.
Signed by District Judge William M. Conley on 5/28/2014. (arw) (Entered:
05/28/2014)
05/29/2014
701 ** TEXT ONLY ORDER **
On May 20, 2014 defendant filed a motion to quash plaintiff's fourth amended
notice of a Rule 30(b)(6) deposition. See dkt. 688 , supplemented by 689 - 690 . On
May 27, 2014 plaintiff filed its response 698 . Given the background of the instant
dispute and the welcome clarity of the parties' latest submissions, the court can rule
without holding another telephonic motion hearing. Defendant's motion to quash is
granted as to topic 10 and denied as to topics 2, 3, 4, 5, 7, 8 and 9. The court
endorses the parties' compromise on topics 1 and 6. Plaintiff is reminded that this
deposition is limited to seven hours of actual testimony, with all breaks excluded
from the clock. The court expects - orders - that defendant's representatives not burn
the clock. Otherwise, when time has run, the deposition is over. The court further
expects that both sides, having received the court's final ruling on this matter, will
conduct themselves cordially and professionally throughout every remaining aspect
of this deposition. The May 29, 2014 telephonic motion hearing is canceled as
unnecessary. Each side will bear its own costs on all aspects of the instant discovery
dispute. Signed by Magistrate Judge Stephen L. Crocker on 5/29/2014. (arw)
(Entered: 05/29/2014)
06/02/2014
702 Motion to Admit Heather Fay Canner Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt
number 0758-1359470.) by Defendant RBS Securities, Inc. Motions referred to
Magistrate Judge Stephen L. Crocker. (Canner, Heather) (Entered: 06/02/2014)
06/02/2014
703 Redaction to 676 Deposition of Jonathan Perry (December 20, 2012) by Defendant
RBS Securities, Inc. (Pilmer, Robert) (Entered: 06/02/2014)
06/02/2014
704 ** TEXT ONLY ORDER **
ORDER granting 702 Motion to Admit Heather F. Canner Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 6/2/2014. (lak) (Entered: 06/02/2014)
06/03/2014
705 Motion to Admit Nathaniel J. Kritzer Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt
number 0758-1360383.) by Defendant RBS Securities, Inc. Motions referred to
Magistrate Judge Stephen L. Crocker. (Kritzer, Nathaniel) (Entered: 06/03/2014)
06/03/2014
706 Motion to Admit Michael A. Onufer Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt
number 0758-1360424.) by Defendant RBS Securities, Inc. Motions referred to
Magistrate Judge Stephen L. Crocker. (Onufer, Michael) (Entered: 06/03/2014)
06/03/2014
707 ** TEXT ONLY ORDER **
ORDER granting 705 Motion to Admit Nathaniel J. Kritzer Pro Hac Vice. Signed
by Magistrate Judge Peter A. Oppeneer on 6/3/2014. (lak) (Entered: 06/03/2014)
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06/03/2014
708 ** TEXT ONLY ORDER **
ORDER granting 706 Motion to Admit Michael A. Onufer Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 6/3/2014. (lak) (Entered: 06/03/2014)
06/06/2014
709 Motion to Admit Devin Allan DeBacker Pro Hac Vice. (Pro Hac Vice fee $50,
receipt number 0758-1362947) by Defendant RBS Securities, Inc. Motions referred
to Magistrate Judge Stephen L. Crocker. (DeBacker, Devin) (Entered: 06/06/2014)
06/09/2014
710 ** TEXT ONLY ORDER **
ORDER granting 709 Motion to Admit Devin Allan DeBacker Pro Hac Vice.
Signed by Magistrate Judge Peter A. Oppeneer on 6/9/2014. (lak) (Entered:
06/09/2014)
06/12/2014
711 Motion to Withdraw as Attorney (Michelle L. Mello) by Defendant RBS Securities,
Inc. Response due 6/19/2014. (Attachments:
# 1 Text of Proposed Order) (Pilmer, Robert) Modified on 6/16/2014. (lak) (Entered:
06/12/2014)
06/13/2014
712 ** TEXT ONLY ORDER **
ORDER granting 711 Motion to Withdraw as Attorney Michelle L. Mello by
Defendant RBS Securities, Inc. Signed by Magistrate Judge Stephen L. Crocker on
6/13/2014. (arw) (Entered: 06/13/2014)
06/30/2014
713 Motion for Sanctions (Sealed Document) by Plaintiffs CMFG Life Insurance
Company, CUMIS Insurance Society, Inc., MEMBERS Life Insurance Company.
(Attachments:
# 1 Exhibit A - 6/23/14 email thread between Spicer and Rose,
# 2 Exhibit B - RBS-CUNA1622933,
# 3 Exhibit C - 11/14/12 Letter from Horowitz,
# 4 Exhibit D - 6/25/14 Email from Spicer to Rose,
# 5 Exhibit E - 6/26/14 email from Rose to Spicer,
# 6 Exhibit F - 6/27/14 email from Rose to Spicer,
# 7 Exhibit G - RBS-CUNA1624613,
# 8 Exhibit H - RBS-CUNA1624606,
# 9 Exhibit I - RBS-CUNA1621781) (Gutzler, Greg) (Entered: 06/30/2014)
07/01/2014
Set Briefing Deadlines re: 713 Motion for Sanctions by Plaintiffs CMFG Life
Insurance Company, CUMIS Insurance Society, Inc. and MEMBERS Life Insurance
Company. Response due 7/7/2014. (arw/wmc) (Entered: 07/01/2014)
07/01/2014
714 Redaction to 713 Motion for Sanctions (Sealed Document) by Plaintiffs CMFG Life
Insurance Company, CUMIS Insurance Society, Inc., MEMBERS Life Insurance
Company (Attachments:
# 1 Exhibit A - 6/23/14 Email thread between Spicer and Rose,
# 2 Exhibit B - RBS-CUNA1622933,
# 3 Exhibit C - 11/14/12 Letter from Horowitz,
# 4 Exhibit D - 6/25/14 Email from Spicer to Rose,
# 5 Exhibit E - 6/26/14 email from Rose to Spicer,
# 6 Exhibit F - 6/27/14 email from Rose to Spicer,
# 7 Exhibit G - RBS-CUNA1624613,
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# 8 Exhibit H - RBS-CUNA1624606,
# 9 Exhibit I - RBS-CUNA1621781) (Gutzler, Greg) (Entered: 07/01/2014)
07/07/2014
715 Deposition of Brian Farrell taken on June 27, 2014. (Sealed Document) (Berezney,
Steven) (Entered: 07/07/2014)
07/07/2014
716 Deposition of James Esposito taken on June 27, 2014. (Sealed Document)
(Berezney, Steven) (Entered: 07/07/2014)
07/07/2014
717 Notice of Supplemental Authority by Plaintiffs CMFG Life Insurance Company,
CUMIS Insurance Society, Inc., MEMBERS Life Insurance Company re 343
MOTION FOR SUMMARY JUDGMENT and 381 CUNA Mutual's Motion for
Partial Summary Judgment. (Sealed Document) (Berezney, Steven) (Entered:
07/07/2014)
07/07/2014
718 Response to 717 Notice of Supplemental Authority by Defendant RBS Securities,
Inc. and Request for Status Conference. (Sealed Document) (Pilmer, Robert)
(Entered: 07/07/2014)
07/07/2014
719 Redaction to 718 Response to Notice of Supplemental Authority and Request for
Status Conference by Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered:
07/07/2014)
07/07/2014
720 Brief in Opposition by Defendant RBS Securities, Inc. re: 713 Motion for
Sanctions,, filed by MEMBERS Life Insurance Company, CMFG Life Insurance
Company, CUMIS Insurance Society, Inc. (Sealed Document) (Pilmer, Robert)
(Entered: 07/07/2014)
07/07/2014
721 Declaration of Kristin Rose re 713 Motion for Sanctions, (Sealed Document)
(Attachments:
# 1 Exhibit A - RBS-CUNA1618118-81,
# 2 Exhibit B - CUNARBS000007100-04,
# 3 Exhibit C - CUNARBS001098887-91,
# 4 Exhibit D - CUNARBS001369003-07,
# 5 Exhibit E - Horowitz to T. Spicer 1.22.13 Letter,
# 6 Exhibit F - D. Horowitz to T. Spicer 1.31.13 Email,
# 7 Exhibit G - RBS_CUNA1599122-26,
# 8 Exhibit H - RBS-CUNA1599127,
# 9 Exhibit I - RBS-CUNA1662933-34,
# 10 Exhibit J - CUNARBS003321684,
# 11 Exhibit K - CUNARBS003336581-83,
# 12 Exhibit L - CUNARBS003336584-85) (Pilmer, Robert) Modified on 7/8/2014
to link to motion instead of brief. (lak) (Entered: 07/07/2014)
07/08/2014
722 Redaction to 720 Brief in Opposition by Defendant RBS Securities, Inc. (Pilmer,
Robert) Modified on 7/9/2014. (lak) (Entered: 07/08/2014)
07/08/2014
723 Redaction to 721 Declaration of Kristin Rose filed by Defendant RBS Securities,
Inc., (Attachments:
# 1 Exhibit A - Filed Under Seal,
# 2 Exhibit B - CUNARBS000007100-04,
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# 3 Exhibit C and D - Filed Under Seal,
# 4 Exhibit E - D. Horowitz to T. Spicer 01.22.13 Letter,
# 5 Exhibit F - D. Horowitz to T. Spicer 01.31.13 Letter,
# 6 Exhibit G through L - Filed Under Seal) (Pilmer, Robert) Modified on 7/9/2014.
(lak) (Entered: 07/08/2014)
07/11/2014
724 Response to 717 Notice of Supplemental Authority by Plaintiffs CMFG Life
Insurance Company, CUMIS Insurance Society, Inc., MEMBERS Life Insurance
Company. (Sealed Document) (Gutzler, Greg) (Entered: 07/11/2014)
07/13/2014
725 Redaction to 724 CUNA Mutual's Opposition to RBS's Renewed Request for Status
Conference by Plaintiffs CMFG Life Insurance Company, CUMIS Insurance
Society, Inc., MEMBERS Life Insurance Company (Gutzler, Greg) Modified on
7/14/2014. (lak) (Entered: 07/13/2014)
07/14/2014
726 Motion to Call Expert Witness Out of Order at Trial by Plaintiffs CMFG Life
Insurance Company, CUMIS Insurance Society, Inc., MEMBERS Life Insurance
Company. Response due 7/21/2014. (Berezney, Steven) (Entered: 07/14/2014)
07/14/2014
727 Motion to Amend 257 Amended Complaint by Interlineation by Plaintiffs CMFG
Life Insurance Company, CUMIS Insurance Society, Inc., MEMBERS Life
Insurance Company. Brief in Opposition due 7/21/2014. Brief in Reply due
7/28/2014. (Gutzler, Greg) (Entered: 07/14/2014)
07/14/2014
728 Brief in Support of 727 Motion to Amend Complaint, by Interlineation by Plaintiffs
CMFG Life Insurance Company, CUMIS Insurance Society, Inc., MEMBERS Life
Insurance Company (Sealed Document) (Attachments:
# 1 Exhibit A - Ruling Affirming Complaint Assured Guaranty v RBS SDNY
13-cv-2019) (Gutzler, Greg) (Entered: 07/14/2014)
07/15/2014
729 Redaction to 728 Brief in Support of its Motion for Leave to Amend its Second
Amended Complaint by Interlineation by Plaintiffs CMFG Life Insurance Company,
CUMIS Insurance Society, Inc., MEMBERS Life Insurance Company
(Attachments:
# 1 Exhibit A - Ruling Affirming Complaint Assured Guaranty v RBS SDNY
13-cv-2019) (Gutzler, Greg) (Entered: 07/15/2014)
07/20/2014
730 Brief in Opposition by Defendant RBS Securities, Inc. re: 727 Motion to Amend
Complaint, filed by MEMBERS Life Insurance Company, CMFG Life Insurance
Company, CUMIS Insurance Society, Inc. (Pilmer, Robert) Modified on 7/22/2014.
(lak) (Entered: 07/20/2014)
07/21/2014
731 Brief in Opposition by Defendant RBS Securities, Inc. re: 726 Motion to Call
Expert Witness Out of Order at Trial filed by MEMBERS Life Insurance Company,
CMFG Life Insurance Company, CUMIS Insurance Society, Inc. (Sealed
Document) (Pilmer, Robert) Modified on 7/22/2014. (lak) (Entered: 07/21/2014)
07/21/2014
732 Declaration of Derek Milosavljevic re: 726 Motion to Call Expert Witness Out of
Order at Trial, (Sealed Document) (Attachments:
# 1 Exhibit 1 - Email Chain Between Pilmer and Berezney From 6/30/2014 7/3/2014,
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# 2 Exhibit 2 - Email Dated 7/9/2014 From Elias to Milosavljevic,
# 3 Exhibit 3 - Email Dated 7/15/2014 From Berezney To Bhimani,
# 4 Exhibit 4 - Email Dated 7/15/2014 From Berezney to Milosavljevic,
# 5 Exhibit 5 - Plaintiffs' Initial Designation of Deposition Testimony,
# 6 Exhibit 6 - Excerpt of CUNA Objections and Counter-Designations,
# 7 Exhibit 7 - CUNA Exhibit List Dated 7/7/2014,
# 8 Exhibit 8 - Cowan Retention Agreement,
# 9 Exhibit 9 - Analytics Focus Invoices) (Pilmer, Robert) Modified on 7/22/2014 to
link to motion instead of brief; clarified exhibit descriptions. (lak) (Entered:
07/21/2014)
07/21/2014
733 Redaction to 731 Brief in Opposition to CUNA Mutual's Motion to Call Dr. Charles
Cowan Out of Order by Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered:
07/21/2014)
07/21/2014
734 Redaction to 732 Declaration of Derek Milosavljevic in Support of RBS's Opposition
to CUNA's Motion to Call Dr. Charles Cowan Out of Order by Defendant RBS
Securities, Inc. (Attachments:
# 1 Exhibit 1 - Email Chain Between Pilmer and Berezney From 6/30/2014 7/3/2014,
# 2 Exhibit 2 - Email Dated 7/9/2014 From Elias to Milosavljevic,
# 3 Exhibit 3 - Email Dated 7/15/2014 From Berezney To Bhimani,
# 4 Exhibit 4 - Email Dated 7/15/2014 From Berezney to Milosavljevic,
# 5 Exhibit 5 - Plaintiffs' Initial Designation of Deposition Testimony,
# 6 Exhibit 6 - Excerpt of CUNA Objections and Counter-Designations,
# 7 Exhibit 7 through 9 - Filed Under Seal) (Pilmer, Robert) Modified on 7/22/2014.
(lak) (Entered: 07/21/2014)
07/23/2014
735 Motion for Leave to File Reply in Support of Request to Call Expert Witness Out of
Order at Trial by Plaintiffs CMFG Life Insurance Company, CUMIS Insurance
Society, Inc., MEMBERS Life Insurance Company. (Attachments:
# 1 Exhibit 1 - CUNA's Reply in Support of its Request to Call Expert Witness Out
of Order at Trial) (Berezney, Steven) (Entered: 07/23/2014)
07/23/2014
736 ORDER denying 287 Motion to Vacate; denying 296 Motion to Dismiss; denying as
moot 308 Motion for Leave to File Supplemental Declaration; denying 379 Motion
to Exclude the Valuation Opinions of Dr. Charles Cowan; denying as moot 314
Request for Judicial Notice and 298 Request for Judicial Notice; denying as moot
317 Motion for Hearing; denying as moot 337 Motion to Strike; granting in part and
denying in part 343 Motion for Summary Judgment; denying as moot 381 Motion
for Summary Judgment; denying as moot 630 Motion to Strike; denying without
prejudice 713 Motion for Sanctions; denying 727 Motion to Amend Complaint;
denying 266 Motion for Clarification; and setting telephone status conference for
Tuesday, July 29 at 2:00 PM, plaintiff to initiate call to the court. Signed by District
Judge William M. Conley on 07/23/2014. (mfh) Modified on 7/24/2014. (arw)
(Entered: 07/23/2014)
07/24/2014
Set Status Conference: Telephone Status Conference set for 7/29/2014 at 2:00 PM
before District Judge William M. Conley. Counsel for Plaintiff responsible for
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setting up the call to chambers at (608) 264-5087. (arw) (Entered: 07/24/2014)
07/28/2014
737 Motion in Limine to Preclude Michael Klenov from Testifying at Trial (Sealed
Document) by Defendant RBS Securities, Inc. (Pilmer, Robert) (Entered:
07/28/2014)
07/28/2014
738 Stipulation for Entry of Judgment by Plaintiffs CMFG Life Insurance Company,
CUMIS Insurance Society, Inc., MEMBERS Life Insurance Company, Defendant
RBS Securities, Inc. (Gutzler, Greg) (Entered: 07/28/2014)
07/28/2014
739 ** TEXT ONLY ORDER **
Consistent with the parties' stipulation 738 , the clerk of court is directed to enter
final judgment in favor of defendant RBS Securities, Inc. All other pending motions
are DENIED as moot, and the telephonic status conference scheduled for July 29,
2014 is hereby canceled. Signed by District Judge William M. Conley on 7/28/2014.
(arw) (Entered: 07/28/2014)
07/29/2014
740 JUDGMENT entered in favor of defendant RBS Securities, Inc. dismissing the case.
(arw) (Entered: 07/29/2014)
08/27/2014
741 NOTICE OF APPEAL by Plaintiffs CMFG Life Insurance Company, CUMIS
Insurance Society, Inc., MEMBERS Life Insurance Company as to 736 Order on
Motion to Vacate, Order on Motion to Dismiss, Order on Motion for Miscellaneous
Relief, Order on Motion for Hearing, Order on Motion to Strike, Order on Motion
for Summary Judgment, Order on Motion for Sanctions, Order on Motion to Amend
Complaint, Order on Motion for Clarification, 740 Judgment, 245 Order on Motion
to Dismiss, Order on Motion to Strike, Order on Motion for Miscellaneous Relief,
Order on Motion for Sanctions, Order on Motion to Amend Complaint. Filing fee of
$ 505, receipt number 0758-1404441 paid. Docketing Statement filed.
(Attachments:
# 1 Docketing Statement) (Frederick, David) Modified on 8/27/2014. (lak) (Entered:
08/27/2014)
08/28/2014
742 Appeal Information Packet. (lak) (Entered: 08/28/2014)
8/28/2014 10:28 AM
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