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Date Filed
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Docket Text
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| December 7, 2007 |
1
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NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 603916-07. (Filing Fee $ 350.00, Receipt Number 635253).Document filed by Wachovia Bank.(mbe) (Entered: December 10, 2007)
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| December 7, 2007 |
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Magistrate Judge Andrew J. Peck is so designated. (mbe) (Entered: December 10, 2007)
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| December 7, 2007 |
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Case Designated ECF. (mbe) (Entered: December 10, 2007)
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| December 7, 2007 |
2
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Wachovia Bank as Corporate Parent. Document filed by Wachovia Bank.(mbe) (Entered: December 10, 2007)
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| December 11, 2007 |
3
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NOTICE OF APPEARANCE by Shawn Patrick Regan on behalf of Wachovia Bank (Regan, Shawn) (Entered: December 11, 2007)
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| December 11, 2007 |
4
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NOTICE OF APPEARANCE by Patrick L. Robson on behalf of Wachovia Bank (Robson, Patrick) (Entered: December 11, 2007)
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| December 11, 2007 |
5
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AFFIDAVIT OF SERVICE of Notice of Removal; Rule 7.1 Disclosure Statement; Civil Cover Sheet; Individual Practice Rules of the Honorable Laura Taylor Swain; Individual Practice Rules of
Magistrate Judge Andrew J. Peck; Third Amended Instructions for Filing an Electronic Case or Appeal served on Plaintiff on December 7, 2007. Service was made by Mail. Document filed by
Wachovia Bank. (Regan, Shawn) (Entered: December 11, 2007)
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| December 12, 2007 |
6
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NOTICE OF APPEARANCE by Terence William McCormick on behalf of CDO Plus Master Fund Ltd. (McCormick, Terence) (Entered: December 12, 2007)
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| December 12, 2007 |
7
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CDO Plus Master Fund Ltd..(McCormick, Terence) (Entered: December 12, 2007)
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| December 12, 2007 |
8
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NOTICE OF APPEARANCE by Steven Glen Mintz on behalf of CDO Plus Master Fund Ltd. (Mintz, Steven) (Entered: December 12, 2007)
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| December 14, 2007 |
9
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ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/7/2008 at 2:45 PM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.
(Signed by Judge Laura Taylor Swain on 12/13/07) (kco) (Entered: December 14, 2007)
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| December 17, 2007 |
10
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STIPULATION, that the time for defendant Wachovia Bank to answer be extended to 1/18/08. Wachovia Bank answer due 1/18/2008. (Signed by Judge Laura Taylor Swain on 12/17/07) (cd)
(Entered: December 17, 2007)
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| January 15, 2008 |
11
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AMENDED COMPLAINT against Wachovia Bank. Document filed by CDO Plus Master Fund Ltd.(db) (Entered: January 17, 2008)
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| January 22, 2008 |
12
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STIPULATION: Defendant shall answer, move, or otherwise respond to the amended complaint in this action is extended to and including 2/15/08. Wachovia Bank answer due 2/15/2008. (Signed
by Judge Laura Taylor Swain on 1/22/08) (tro) (Entered: January 22, 2008)
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| February 15, 2008 |
13
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ANSWER to Amended Complaint., COUNTERCLAIM against CDO Plus Master Fund Ltd.. Document filed by Wachovia Bank. Related document: 11 Amended Complaint filed by CDO Plus Master Fund Ltd..(Regan, Shawn) (Entered: February 15, 2008)
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| February 29, 2008 |
14
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PRELIMINARY PRETRIAL STATEMENT. Document filed by Wachovia Bank.(Regan, Shawn) (Entered: February 29, 2008)
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| March 6, 2008 |
15
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ANSWER to Counterclaim. Document filed by CDO Plus Master Fund Ltd..(McCormick, Terence) (Entered: March 6, 2008)
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| March 7, 2008 |
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Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Pretrial Conference held on 3/7/2008. PTC Order to follow. Case referred to MJ Peck for GPT. ( Final Pretrial
Conference set for 4/3/2009 at 02:00 PM before Judge Laura Taylor Swain). (jp) (Entered: March 12, 2008)
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| March 10, 2008 |
16
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PRE-TRIAL SCHEDULING ORDER: Amended Pleadings due by 4/30/2008. Joinder of Parties due by 4/30/2008. Expert Discovery due by 12/30/2008 (all non expert discovery by 9/30/08). Motions due
by 1/15/2009. Final Pretrial Conference set for 4/3/2009 at 02:00 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 3/7/08) (cd) (Entered: March 10, 2008)
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| March 10, 2008 |
17
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial. Referred to Magistrate Judge Andrew
J. Peck. (Signed by Judge Laura Taylor Swain on 3/7/08) (cd) (Entered: March 10, 2008)
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| March 10, 2008 |
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***DELETED DOCUMENT. Deleted document number 18 pretrial scheduling order. The document was incorrectly filed in this case. (js) (Entered: March 21, 2008)
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| March 11, 2008 |
19
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ORDER, this case has been referred to me by Judge Swain for general pretrial purposes, including settlement......the parties are to follow the "Individual Practices of Magistrate Judge
Andrew J. Peck," a copy of which is enclosed. (Signed by Magistrate Judge Andrew J. Peck on 3/11/08) Copies sent by chambers.(cd) (Entered: March 11, 2008)
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| March 21, 2008 |
20
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NOTICE of of filing of Exhibits 1 - 4 to Answer and Counterclaims pursuant to the Pre-Trial Scheduling Order signed by Judge Laura T. Swain on March 7, 2008, entered into the Docket March
10, 2008 [Docket Entry 16], granting express permission for Defendant Wachovia Bank, National Association to file Exhibits 1 - 4 to the Answer & Counterclaims [Docket Entry 13] re:
13 Answer to Amended Complaint, Counterclaim. Document filed by Wachovia Bank. (Attachments: # 1 Exhibit 1 to Answer and Counter-Claim, # 2 Exhibit 2 to Answer and
Counter-Claim, # 3 Exhibit 3 to Answer and Counter-Claim, # 4
Exhibit 4 to Answer and Counter-Claim)(Regan, Shawn) (Entered: March 21, 2008)
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| April 15, 2008 |
21
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. ENDORSEMENT: New sentence at end of P. 2, p.3:
Redacted copies of briefs affidavits and other filings shall be publicly filed. Insert to paragraph 3b, p.3:... and court staff New paragraph 9: Confidential Information at Trial. The
parties will discuss this issue with the trial judge at the time of the Final Pretrial Conference. New sentence at end of paragraph 11, p.7: Redacted copies will be publicly filed with
the Clerk's Office. (Signed by Magistrate Judge Andrew J. Peck on 4/15/2008) Copies Mailed By Chambers.(jpo) (Entered: April 15, 2008)
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| April 18, 2008 |
22
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ORDER, that a status conference is scheduled for 6/9/08 at 2:00 pm. ( Status Conference set for 6/9/2008 at 02:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before
Magistrate Judge Andrew J. Peck.) (Signed by Magistrate Judge Andrew J. Peck on 4/18/08) Copies sent by chambers.(cd) (Entered: April 18, 2008)
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| May 1, 2008 |
23
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ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 6/24/2008 at 2:00 p.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck, as set
forth herein. On before June 17, 2008, counsel shall provide a confidential settlement memorandum to Chambers. The memorandum shall not be filed with the Clerk of the Court nor provided
to opposing counsel. I strongly suggest that the settlement memorandum not exceed 15 pages. The parties are to follow the "individual practices of Magistrate Judge Andrew J. Peck" (Signed
by Magistrate Judge Andrew J. Peck on 5/1/2008) Copies Mailed By Chambers.(jpo) (Entered: May 1, 2008)
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| July 7, 2008 |
24
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TRANSCRIPT of proceedings held on 6/09/08 before Magistrate Judge Andrew J. Peck. (ama) (Entered: July 7, 2008)
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| July 18, 2008 |
25
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ORDER: Status Conference set for 8/4/2008 at 11:30 AM before Magistrate Judge Andrew J. Peck. (Signed by Magistrate Judge Andrew J. Peck on 7/18/2008) (tve) (Entered: July 18, 2008)
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| July 18, 2008 |
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Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held via telephone on 7/18/2008. 7/24/ settlement conf. is adjourned. Instead, a
discovery/satus conf. will be held before Judge Peck on 8/4 at 11:30 a.m. (djc) (Entered: July 23, 2008)
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| July 24, 2008 |
26
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MOTION for Judgment on the Pleadings / Wachovia Bank's Notice of Motion for Judgment on the Pleadings. Document filed by Wachovia Bank.(Robson, Patrick) (Entered: July 24, 2008)
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| July 24, 2008 |
27
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DECLARATION of Patrick L. Robson in Support re: 26 MOTION for Judgment on the Pleadings / Wachovia Bank's Notice of Motion
for Judgment on the Pleadings.. Document filed by Wachovia Bank. (Attachments: # 1 Exhibit A to Robson Declaration, #
2 Exhibit B to Robson Declaration, # 3 Exhibit C to Robson
Declaration, # 4 Exhibit D to Robson Declaration, # 5 Exhibit E
to Robson Declaration, # 6 Exhibit F to Robson Declaration, # 7
Exhibit G to Robson Declaration, # 8 Exhibit H to Robson Declaration)(Robson, Patrick) (Entered: July 24, 2008)
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| July 24, 2008 |
28
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MEMORANDUM OF LAW in Support re: 26 MOTION for Judgment on the Pleadings / Wachovia Bank's Notice of Motion for Judgment on
the Pleadings.. Document filed by Wachovia Bank. (Robson, Patrick) (Entered: July 24, 2008)
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| August 4, 2008 |
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Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 8/4/2008. Discovery issue resolved--see transcript. Next status conf. scheduled for 9/5
at 9:30 am before Judge Peck. (cd) (Entered: August 7, 2008)
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| August 4, 2008 |
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Set Deadlines/Hearings: Status Conference set for 9/5/2008 at 09:30 AM before Magistrate Judge Andrew J. Peck. (cd) (Entered: August 7, 2008)
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| August 5, 2008 |
29
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TRANSCRIPT of proceedings held on 8/04/08 before Magistrate Judge Andrew J. Peck. (ama) (Entered: August 5, 2008)
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| August 12, 2008 |
30
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STIPULATION: it is hereby stipulated and agreed that Plaintiff shall serve opposition papers in response to the motion on or before August 28, 2008 and Wachovia shall serve reply papers,
if any, on or before September 12, 2008. (Signed by Judge Laura Taylor Swain on 8/11/2008) (jfe) (Entered: August 12, 2008)
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| August 28, 2008 |
31
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DECLARATION of TERENCE W. McCORMICK, ESQ. in Opposition re: 26 MOTION for Judgment on the Pleadings / Wachovia Bank's
Notice of Motion for Judgment on the Pleadings.. Document filed by CDO Plus Master Fund Ltd.. (Attachments: # 1 Exhibit
Ex. 1 (Wachovia Confirmation Letter), # 2 Exhibit Ex. 2 (ISDA Master Agreement), # 3 Exhibit Ex. 3 (Schedule to ISDA Master Agreement), # 4 Exhibit Ex. 4
(Credit Support Annex), # 5 Exhibit Ex. 5 (1994 Credit Support Annex - Bilateral/New York Law), # 6 Exhibit Ex. 6 (High Risk v. Credit Lyonnais), # 7 Exhibit Ex. 7
(Peregrine v. Robinson))(McCormick, Terence) (Entered: August 28, 2008)
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| August 28, 2008 |
32
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MEMORANDUM OF LAW in Opposition re: 26 MOTION for Judgment on the Pleadings / Wachovia Bank's Notice of Motion for Judgment
on the Pleadings.. Document filed by CDO Plus Master Fund Ltd.. (McCormick, Terence) (Entered: August 28, 2008)
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| September 2, 2008 |
33
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ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from Terence W. McCormick dated 8/29/08 re: Counsel for Plaintiff request that the Court reschedule the discovery conference
scheduled for next Friday, September 5, 2008 at 9:30 a.m. be adjourned. ENDORSEMENT: conference adjourned at parties request to 9/10 at 3:00 p.m. So Ordered., (Status Conference set for
9/10/2008 at 03:00 PM before Magistrate Judge Andrew J. Peck.) (Signed by Magistrate Judge Andrew J. Peck on 9/2/08) (js) (Entered: September 3, 2008)
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| September 10, 2008 |
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Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Status Conference held on 9/10/2008, Discovery cutoff 12/2/08; fact 2/27/2009. SJ Motion due by 3/16/2009. Status
Conference set for 10/28/2008 at 10:00 AM before Magistrate Judge Andrew J. Peck. (tro) (Entered: September 18, 2008)
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| September 12, 2008 |
34
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REPLY MEMORANDUM OF LAW in Support re: 26 MOTION for Judgment on the Pleadings / Wachovia Bank's Notice of Motion for
Judgment on the Pleadings.. Document filed by Wachovia Bank. (Regan, Shawn) (Entered: September 12, 2008)
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