Court Documents – New York State Court Proceeding

  1. Petition


  2. Petition Ex. A (List of Trusts and Loan Groups)


  3. Petition Ex. B (RMBS Trust Settlement Agreement)


  4. Request for Judicial Intervention


  5. Commercial Division Addendum


  6. Order to Show Cause [Proposed]


  7. Kraut Affirmation in Support of Order to Show Cause


  8. Kraut Affirmation - Ex. A


  9. Memo of Law (RMBS Trustees' Brief in Support of Petition)


  10. Notice of Petition to Intervene and Petition to Intervene as Co-Petitioners to Support Settlement


  11. Affirmation of Kenneth E. Warner in Support of Intervention as Co-Petitioners


  12. Affidavit of Kathy D. Patrick


  13. Memorandum of Law in Support of Motion to Intervene as Co-Petitioners in Support


  14. Proposed Order Granting Motion to Intervene


  15. Proposed Order Admitting Counsel Pro Hac Vice


  16. Affirmation of Kenneth E. Warner


  17. Affidavit of Kathy D. Patrick


  18. Affidavit of Robert J. Madden


  19. Affidavit of David Sheeren


  20. Stipulation Consenting to Pro Hac Vice Admission


  21. Consent to EFiling


  22. Consent to EFiling


  23. Letter to Justice Friedman regarding Filing of Revised Proposed Order to Show Cause (with enclosures), dated January 6, 2015


  24. First Amended Petition


  25. First Amended Petition – Ex. A (List of Accepting Trusts)


  26. First Amended Petition – Ex. B (Settlement Agreement)


  27. First Amended Petition – Ex. C (List of December 31 Accepting Trusts)


  28. Revised Order to Show Cause [Proposed]


  29. Second Kraut Affirmation


  30. Second Kraut Affirmation – Ex. A (Form of Notice to Holders regarding Commencement of Article 77 Proceeding)


  31. Notice of Motion for Admission Pro Hac Vice of Rollin B Chippey, II


  32. Affirmation of Kurt W. Rademacher in Support of Petitioners' Motion to Admit Rollin B. Chippey, II, Pro Hac Vice


  33. Proposed Order Admitting Counsel Pro Hac Vice


  34. Notice of Motion for Admission Pro Hac Vice of Benjamin P Smith


  35. Affirmation of Kurt W Rademacher in Support of Petitioners’ Motion to Admit Benjamin P Smith, Pro Hac Vice


  36. Proposed Orders for Admitting Counsel Pro Hac Vice


  37. Proof of Service of Notice of Motion for Admission of Benjamin P Smith, Pro Hac Vice


  38. Transcript from Proceedings on December 22, 2014


  39. Order Admitting Counsel Pro Hac Vice (Entered January 15, 2015)


  40. Re: Motion No. 001, Decision & Order on Motion Entered in the Office of the County Clerk on January 23, 2015


  41. Order to Show Cause, as filed on January 28, 2015


  42. Re: Motion No. 004, Decision & Order on Motion Entered in the Office of the County Clerk on January 30, 2015


  43. Re: Motion No. 005, Decision & Order on Motion Entered in the Office of the County Clerk on January 30, 2015


  44. Affidavit of Jose C. Fraga regarding the Notice Program


  45. Exhibit A to Affidavit of Jose C. Fraga regarding the Notice Program


  46. Exhibit B to Affidavit of Jose C. Fraga regarding the Notice Program


  47. Exhibit C to Affidavit of Jose C. Fraga regarding the Notice Program


  48. Exhibit D to Affidavit of Jose C. Fraga regarding the Notice Program


  49. Affirmation of Service


  50. Letter Dated April 24, 2015 from Michael S Kraut to Justice Marcy S Friedman


  51. Court Ordering Declining to Adjourn 5-19 Hearing


  52. Stipulation and Order Granting Institutional Investors’ Motion to Intervene In Support of the Trustees’ Petition


  53. Re: Motion No 002, Decision & Order on Motion Entered in the Office of the County Clerk on May 19, 2015


  54. Letter Dated June 2, 2015 from Michael S. Kraut to the Honorable Marcy S. Friedman Enclosing a Stipulation and Proposed Order on Consent Amending the Court’s Order Granting the Motion to Intervene to Reflect the Correct Caption


  55. Exhibit - Stipulation and Order on Consent Amending Order Granting Motion to Intervene


  56. Letter Dated June 18, 2015 from Michael S. Kraut to the Honorable Marcy S. Friedman Requesting an Extension of Time to File a Motion for Summary Determination to July 10, 2015 and Proposing Dates for Oral Argument of the Motion


  57. So Ordered Letter/Correspondence Entered in the Office of the County Clerk on June 19, 2015


  58. Letter Dated June 26, 2015 from Michael S. Kraut to Justice Marcy S. Friedman Enclosing the Transcript of the May 19, 2015 Hearing and Errata Sheet and Also Requesting Permission to Exceed the Page Limitation


  59. Transcript of Hearing Held May 19, 2015 and Errata Sheet for Corrections


  60. Transcript of Hearing Held May 19, 2015 Before Justice Marcy S. Friedman


  61. So Ordered Letter/Correspondence


  62. The Institutional Investors' Submission in Support of the Trustees’ Petition


  63. [WITHDRAWN]


  64. [WITHDRAWN]


  65. Notice of Motion


  66. Joint Statement of Material Facts


  67. Affidavit of Anthony J Carpinello In Support of the Trustees' First Amended Petition


  68. Exhibit 1 - CV Anthony J Carpinello


  69. Exhibit 2 – Expert Report of Hon. Anthony J. Carpinello


  70. Affidavit of Bradford Cornell In Support of the Trustees' First Amended Petition


  71. Exhibit 1 - CV Bradford Cornell


  72. Exhibit 2 - Bradford Cornell Deposition, Trial & Arbitration Testimony in Past Four Years


  73. Exhibit 3 – Documents Relied Upon


  74. Exhibit 4 – Initial Expert Report of Bradford Cornell


  75. Exhibit 5 – Supplement to the Expert Report Bradford Cornell


  76. Exhibit 6 – Second Supplement to the Expert Report Bradford Cornell


  77. Exhibit 7 – Third Supplement to the Expert Report Bradford Cornell


  78. Affidavit of Jose C. Fraga Regarding the Notice Program


  79. Exhibit 1 – List of Names and Address


  80. DOCUMENT DELETED


  81. Affidavit of Thomas Musarra In Support of the Trustees' Petition


  82. Affidavit of Ronaldo Reyes In Support of the Trustees' First Amended Petition


  83. Affidavit of Brendan E. Radke


  84. Affidavit of Alan Schwartz In Support of the Trustees' First Amended Petition


  85. Exhibit A - Curriculum Vitae of Alan Schwartz


  86. Exhibit B – Documents Relied Upon


  87. Exhibit C – Expert Report of Alan Schwartz


  88. Affidavit of Scott Winn In Support of the Trustees' First Amended Petition


  89. Exhibit 1 – Curriculum Vitae of Scott Winn


  90. Exhibit 2 – Scott Winn Deposition, Trial & Arbitration Testimony in Past Four Years


  91. Exhibit 3 – Expert Report of Scott W. Winn


  92. Affidavit of Elizabeth Taraila In Support of the Trustees' First Amended Petition


  93. Exhibit 1 – Trustees


  94. Exhibit 2 – RMBS Trust Settlement Agreement


  95. Exhibit 3-A – 61 Trusts


  96. Exhibit 3-B – 197 Loan Groups


  97. Exhibit 4 - Expert Report of Scott W Winn


  98. Exhibit 5 - Expert Report of Alan Schwartz


  99. Exhibit 6 - Expert Report of Hon. Anthony J. Carpinello


  100. Exhibit 7 - Expert Report of Bradford Cornell


  101. Exhibit 8 - Notice to Extend Evaluation Period


  102. Exhibit 9 - Extension Granted


  103. Exhibit 10 - Extension Granted


  104. Exhibit 11 - Extension Granted


  105. Exhibit 12 - Notice of Developments dated June 25, 2014


  106. Exhibit 13 - Notice of Developments dated August 1, 2014


  107. Exhibit 14 - Notice of Developments dated September 17, 2014


  108. Exhibit 15 - Notice of Developments dated October 24, 2014


  109. Exhibit 16 - Notice of Developments dated November 25, 2014


  110. Exhibit 17 - Notice of Developments dated December 17, 2014


  111. Exhibit 18 - Notice of Developments dated December 5, 2014


  112. Exhibit 19 - Notice of Developments dated December 5, 2014


  113. Exhibit 20 - Notice of Developments dated December 18, 2014


  114. Exhibit 21 - Notice of Developments dated December 19, 2014


  115. Exhibit 22 - Notice of Developments dated December 19, 2014


  116. Exhibit 23 - Supplement to the Expert Report Bradford Cornell


  117. Exhibit 24 - Second Supplement to the Expert Report Bradford Cornell


  118. Exhibit 25 - Third Supplement to the Expert Report Bradford Cornell


  119. Exhibit 26 - Letter from Michael Kraut to Citigroup


  120. Exhibit 27 - Letter of No Objection


  121. Exhibit 28 - Letter of No Objection


  122. Exhibit 29 – Executed RMBS Settlement Agreement


  123. Exhibit 30 - List of Accepting Trusts


  124. Exhibit 31 - Michael Kraut Letter to Citigroup


  125. Exhibit 32 - December 19 Notice


  126. Exhibit 33 - December 31 Notice


  127. Exhibit 34 - January 30 Notice


  128. Exhibit 35 - CMLTI 2005-10 Excerpt of Pooling and Servicing Agreement


  129. Exhibit 36 - CMLTI 2005-11 Amended and Restated Trust Agreement


  130. Exhibit 37 - CMLTI 2005-11 Indenture


  131. Exhibit 38 - HELOC 2006-NCBI Indenture


  132. Exhibit 39 - CMLTI 2005-WF2 Pooling and Service Agreement


  133. [Proposed] Order on Petitioners' Motion for Summary Determination


  134. Memorandum of Law In Support of Petitioner's First Amended Petition


  135. Stipulation and Order on Consent Amending Order Granting Motion to Intervene


  136. Affidavit of Thomas G. Mackey in Support of the Trustees’ First Amended Petition


  137. [Withdrawn]


  138. [Withdrawn]


  139. Petitioners' July 29, 2015 Letter to Justice Friedman Enclosing a Confidentiality Stipulation and Proposed Order


  140. Exhibit – Stipulation and Order for the Production and Exchange of Confidential Information


  141. Exhibit - Stipulation and Order for the Production and Exchange of Confidential Information


  142. Transcript of Proceedings on May 19, 2015, So Ordered on August 6, 2015


  143. Letter dated August 7, 2015 From James O. Moore to Justice Marcy S. Friedman Enclosing a Revised Confidentiality Stipulation and Order Based on the New York City Bar Association Template Along with a Redline Version Indicating the Changes Made


  144. Stipulation and Order for the Production and Exchange of Confidential Information


  145. Redline Version of Stipulation and Order for the Production and Exchange of Confidential Information


  146. So Ordered Stipulation and Order for the Production and Exchange of Confidential Information


  147. Re: Motion No. 007, Decision & Order on Motion


  148. Second Supplemental Affidavit of J. Fraga


  149. Exhibit – Revised Listing of Names and Addresses


  150. Transcript of Oral Argument Held November 6, 2015 Before Justice Marcy S. Friedman


  151. Decision and Order on Motion


  152. Decision on First Amended Petition


  153. Decision on First Amended Petition


  154. Order and Judgment on First Amended Petition


  155. Notice of Entry of Order and Judgment


  156. Exhibits to Notice of Entry