ECF, MDL, RELATED

U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:10-cv-01673-PKC

Ciullo et al v. Bank of America Corporation et al
Assigned to: Judge P. Kevin Castel
Lead case: 1:09-md-02058-PKC
Member cases:

1:09-cv-00580-PKC

1:09-cv-00606-PKC

1:09-cv-00638-PKC

1:09-cv-00720-GBD

1:09-cv-00740-PKC-RLE

1:09-cv-00881-PKC

1:09-cv-00928-PKC

1:09-cv-01463-PKC

1:09-cv-01612-PKC

1:09-cv-01941-PKC

1:09-cv-02350-PKC

1:09-cv-05410-DC

1:09-cv-05411-PKC

1:09-cv-05410-DC

1:09-cv-05411-PKC

1:09-cv-00580-PKC

1:09-cv-01056-PKC

1:09-cv-00606-PKC

1:09-cv-01174-PKC

1:09-cv-00638-PKC

1:09-cv-01177-PKC

1:09-cv-00740-PKC-RLE

1:09-cv-00808-PKC

1:09-cv-01612-PKC

1:09-cv-01331-PKC

1:09-cv-01941-PKC

1:09-cv-00834-PKC

1:09-cv-02350-PKC

1:09-cv-01333-PKC

1:09-cv-00851-PKC

1:09-cv-01434-PKC

1:09-cv-01463-PKC

1:09-cv-01561-PKC

1:09-cv-00880-PKC

1:09-cv-01572-PKC

1:09-cv-01606-PKC

1:09-cv-00914-PKC

1:09-cv-02389-PKC

1:09-cv-02581-PKC

1:09-cv-02609-PKC

1:09-cv-02674-PKC

1:09-cv-00881-PKC

1:09-cv-00928-PKC

1:09-cv-06305-PKC

1:09-cv-10077-PKC

1:09-cv-10394-PKC

1:10-cv-00275-PKC

1:10-cv-00966-DC

1:10-cv-01234-PKC

1:10-cv-01673-PKC

1:10-cv-02409-PKC

1:10-cv-02408-PKC

1:10-cv-02410-PKC

1:10-cv-02411-PKC

1:10-cv-02408-PKC

1:10-cv-02409-PKC

1:10-cv-02410-PKC

1:10-cv-02411-PKC

1:10-cv-02284-PKC

1:10-cv-02425-PKC

1:10-cv-03099-PKC

1:10-cv-03248-PKC

1:09-cv-06305-PKC

Related Cases:	1:09-md-02058-PKC
	1:10-cv-00275-PKC

Cause: 15:78m(a) Securities Exchange Act

Date Filed: 03/02/2010
Jury Demand: Plaintiff
Nature of Suit: 850 Securities/Commodities
Jurisdiction: Federal Question

Lead Plaintiff
Fjarde AP-Fonden	represented by	Fjarde AP-Fonden PRO SE
Lead Plaintiff
Ohio Public Employees Retirement System	represented by	Ohio Public Employees Retirement System PRO SE
Lead Plaintiff
State Teachers Retirement System of Ohio	represented by	State Teachers Retirement System of Ohio PRO SE
Lead Plaintiff
Stichting Pensioenfonds Zorg en Welzijn, duly represented by PGGM Vermogensbeheer B.V.	represented by	Stichting Pensioenfonds Zorg en Welzijn, duly represented by PGGM Vermogensbeheer B.V. PRO SE
Lead Plaintiff
Teacher Retirement System of Texas	represented by	Teacher Retirement System of Texas PRO SE
Plaintiff
Kenneth A. Ciullo	represented by	Justin Michael Tarshis Zwerling, Schachter & Zwerling (Madison Avenue) 41 Madison Avenue New York , NY 10010 (212) 223-3900 Fax: (212) 371-5969 Email: jtarshis@zsz.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard A Speirs Zwerling, Schachter & Zwerling (Madison Avenue) 41 Madison Avenue New York , NY 10010 2122233900 Fax: 2123715969 Email: rspeirs@zsz.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin F. Zwerling Zwerling, Schachter & Zwerling (NYC) 41 Madison Avenue 32nd Floor New York , NY 10010 212-223-3900 Fax: 212-371-5969 Email: rzwerling@zsz.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Plaintiff
Joanna Ciullo as JTWROS	represented by	Justin Michael Tarshis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard A Speirs (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin F. Zwerling (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
V.
Defendant
Bank of America Corporation
Defendant
Merrill Lynch & Co. Inc.
Defendant
Kenneth D. Lewis
Defendant
John A. Thain
Defendant
Joe L. Price
Defendant
Neil A. Cotty
Interested Party
Charles N. Dornfest	represented by	Raymond A. Bragar Bragar, Wexler & Eagel, P.C. 885 Third Avenue Suite 3040 New York , NY 10022 212-308-5858 Fax: 212-486-0462 Email: bragar@bragarwexler.com ATTORNEY TO BE NOTICED

Date Filed	#	Docket Text
03/02/2010	1	COMPLAINT against Merrill Lynch & Co. Inc., Kenneth D. Lewis, John A. Thain, Joe L. Price, Neil A. Cotty, Bank of America Corporation. (Filing Fee $ 350.00, Receipt Number 895753)Document filed by Kenneth A. Ciullo, Joanna Ciullo.(rdz) (Additional attachment(s) added on 3/5/2010: # 1 complaint part 2 from pages 45) (ama). (Entered: 03/05/2010)
03/02/2010		SUMMONS ISSUED as to Merrill Lynch & Co. Inc., Kenneth D. Lewis, John A. Thain, Joe L. Price, Neil A. Cotty, Bank of America Corporation. (rdz) (Entered: 03/05/2010)
03/02/2010		CASE REFERRED TO Judge Denny Chin as possibly Related to 10-cv-275. (rdz) (Entered: 03/05/2010)
03/02/2010		Case Designated ECF. (rdz) (Entered: 03/05/2010)
03/15/2010		CASE ACCEPTED AS RELATED. Create association to 1:10-cv-00275-DC. Notice of Assignment to follow. (ldi) (Entered: 03/15/2010)
03/15/2010	2	NOTICE OF CASE ASSIGNMENT to Judge Denny Chin. Judge Unassigned is no longer assigned to the case. (ldi) (Entered: 03/15/2010)
03/15/2010		Magistrate Judge Kevin N. Fox is so designated. (ldi) (Entered: 03/15/2010)
03/15/2010		CASE ACCEPTED AS RELATED. Create association to 1:09-md-02058-DC. (ldi) (Entered: 03/15/2010)
03/15/2010		CONSOLIDATED MDL CASE: Create association to 1:09-md-02058-DC. (ldi) (Entered: 03/15/2010)
03/16/2010	3	MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. Document filed by Kenneth A. Ciullo, Joanna Ciullo. (Attachments: # 1 Text of Proposed Order)(Speirs, Richard) (Entered: 03/16/2010)
03/16/2010	4	MEMORANDUM OF LAW in Support re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Kenneth A. Ciullo, Joanna Ciullo. (Speirs, Richard) (Entered: 03/16/2010)
03/16/2010	5	DECLARATION of Richard A. Speirs in Support re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Kenneth A. Ciullo, Joanna Ciullo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Speirs, Richard) (Entered: 03/16/2010)
03/19/2010	6	STIPULATION AND ORDER ADJOURNING THE TIME FOR DEFENDANTS TO ANSWER, MOVE TO DISMISS OR OTHERWISE RESPOND TO THE COMPLAINT: It is hereby stipulated and agreed by and between the parties that plaintiff shall have until 45 days following the later in time to occur of an order of the Court appointing lead plaintiff in this action and approving lead counsel pursuant to 15 U.S.c. § 78u-4(a)(3) or an order of the Court ruling on any application to consolidate this action with the consolidated securities actions in In re Bank of America Corporation Securities, Derivative and ERISA Litigation, No. 09-MD-2058 (S.D.N.Y.) to me an amended complaint, and that the time of all defendants to answer, move to dismiss or otherwise respond to the Complaint shall be extended to 45 days after the later in time of the date on which such amended complaint is due under this Stipulation or of the date on which such amended complaint isactually filed. Plaintiff shall have 45 days after defendants file any motion to dismiss or other response to file any response, and defendants shall have 30 days thereafter to file any reply. (Signed by Judge Denny Chin on 3/19/2010) (jpo) (Entered: 03/19/2010)
03/29/2010	7	RESPONSE to Motion re: (7 in 1:10-cv-00275-DC, 7 in 1:10-cv-00275-DC) MOTION to Appoint Charles N. Dornfest to serve as lead plaintiff(s) for a class of Bank of America option investors. MOTION to Approve Selection of Lead Counsel of Bragar Wexler Eagel & Squire, PC for that class. MOTION to Appoint Charles N. Dornfest to serve as lead plaintiff(s) for a class of Bank of America option investors., (3 in 1:10-cv-01673-DC) MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. Memorandum in Response to Plaintiffs' Motions for (1) Appointment as Lead Plaintiffs, (2) Designation of Lead Plaintiffs' Counsel and/or (3) Other Relief.. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, Bank of America Corp., Neil A. Cotty, Joe L. Price, Kenneth D. Lewis, William Barnet, III, Frank P. Bramble, Sr, O. Temple Sloan, Jr, Bank of America Corporation, Bank of America Corporation. Filed In Associated Cases: 1:09-md-02058-DC, 1:10-cv-00275-DC, 1:10-cv-01673-DC(Hein, Peter) (Entered: 03/29/2010)
03/29/2010	8	CERTIFICATE OF SERVICE. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, Bank of America Corp., Neil A. Cotty, Joe L. Price, Kenneth D. Lewis. Filed In Associated Cases: 1:09-md-02058-DC, 1:10-cv-00275-DC, 1:10-cv-01673-DC(Whittaker, Keola) (Entered: 03/29/2010)
03/30/2010	9	NOTICE OF APPEARANCE by Raymond A. Bragar on behalf of Charles N. Dornfest (Bragar, Raymond) (Entered: 03/30/2010)
03/30/2010	10	MEMORANDUM OF LAW in Opposition re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Charles N. Dornfest. (Bragar, Raymond) (Entered: 03/30/2010)
03/31/2010	11	CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to the Motion by Kenneth A. Ciullo for Appointment of Lead Plaintiff and Lead Counsel served on Multiple, see attached list on March 30, 2010. Document filed by Charles N. Dornfest. (Bragar, Raymond) (Entered: 03/31/2010)
04/01/2010	12	MEMORANDUM OF LAW in Opposition re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Fjarde AP-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijn, duly represented by PGGM Vermogensbeheer B.V., Teacher Retirement System of Texas. (Castaldo, Gregory) (Entered: 04/01/2010)
04/01/2010	13	DECLARATION of Gregory M. Castaldo in Opposition re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Fjarde AP-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijn, duly represented by PGGM Vermogensbeheer B.V., Teacher Retirement System of Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Castaldo, Gregory) (Entered: 04/01/2010)
04/01/2010	14	CERTIFICATE OF SERVICE. Document filed by Fjarde AP-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijn, duly represented by PGGM Vermogensbeheer B.V., Teacher Retirement System of Texas. (Nirmul, Sharan) (Entered: 04/01/2010)
04/01/2010	15	RESPONSE in Support re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Kenneth A. Ciullo, Joanna Ciullo. (Speirs, Richard) (Entered: 04/01/2010)
04/05/2010	16	RESPONSE in Support re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. and in Response to Defendants' Memorandum in Response to Plaintiffs' Motions for (1) Appointment as Lead Plaintiffs, (2) Designations of Lead Plaintiffs' Counsel and/or (3) Other Relief. Document filed by Kenneth A. Ciullo, Joanna Ciullo. (Attachments: # 1 Certificate of Service)(Speirs, Richard) (Entered: 04/05/2010)
04/08/2010	17	REPLY to Response to Motion re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. and in Response to Lead Plaintiffs' Memorandum of Law in Opposition to Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel Filed in Dornfest and Ciullo. Document filed by Kenneth A. Ciullo, Joanna Ciullo. (Attachments: # 1 Certificate of Service)(Speirs, Richard) (Entered: 04/08/2010)
04/09/2010	18	MEMORANDUM DECISION. The plaintiffs in Iron Workers, Dornfest, and Ciullo are free to pursue their claims as individual cases - but not as class actions. Iron Workers (No. 09 Civ. 10394), Dornfest (No. 10 Civ. 275), and Ciullo (No. 10 Civ. 1673) are hereby consolidated into the Consolidated Securities Actions (No. 09 MDL 2058). The motions of the plaintiffs in these three cases for appointment as lead plaintiffs and the appointment of their counsel as lead counsel are denied. 2. Additional Individual Actions. On March 16, 2010, Stichting Pensionfonds ABP ("ABP") filed an action against BoA and other defendants based on the same facts and events surrounding the BoA merger with Merrill (No. 10 Civ. 2284). ABP's action is brought as an individual action, and not as a class action. The ABP action may proceed as an individual action, related to, but not consolidated with the Consolidated securities Actions. ABP is directed to respond to defendants' motion to dismiss by April 23, 2010. Defendants are directed to file any reply papers by April 30, 2010. (Replies due by 4/30/2010., Responses due by 4/23/2010) (Signed by Judge Denny Chin on 4/9/10) Filed In Associated Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 04/12/2010)
04/16/2010	19	ENDORSED LETTER addressed to Judge Denny Chin from Peter C. Hein dated 4/14/10 re: We write to request leave of the Court to file a reply brief of up to 20 pages. On March 24, 2010, the Bank Defendants filed a 13-page brief in support of their Motion to Certify. In response, on April 8, 2010, two separate opposition briefs totaling 44 pages in length were filed: a 25-page brief filed by counsel for Lead Plaintiffs, and a 19-page brief filed by counsel for Plaintiff ABP. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge Denny Chin on 4/15/10) Filed In Associated Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 04/16/2010)
04/21/2010	20	ORDER REGARDING ISSUANCE OF DOCUMENT PRESERVATION SUBPOENAS TO CERTAIN NON-PARTIES. NOW THEREFORE IT IS HEREBY ORDERED THAT: 1. Lead Plaintiffs in the Securities Action may serve document preservation subpoenas on the following entities at this time, without prejudice to Lead Plaintiffs' ability to seek Court approval to serve document preservation subpoenas on additional non-parties at a later time, and without prejudice to defendants' ability to oppose such requests: Deloitte LLP; Ernst & Young; the Goldman Sachs Group; J.C. Flowers & Co.; the Macquarie Group (as successor-in-interest of Fox-Pitt Kelton Cochran Caronia Waller LLC); Morgan Stanley; PricewaterhouseCoopers; Towers Watson (as successor-in-interest of Towers, Perrin, Forster & Crosby, Inc.). 2. By cover letter accompanying each subpoena, Lead Plaintiffs shall instruct each party to which a preservation subpoena is issued that such party is not required and should not produce documents to Lead Plaintiffs in response to the subpoena at this time and that such party's obligation with respect to the subpoena is limited to preserving all documents reasonably responsive thereto. 3. Nothing herein shall be construed as a waiver by any of the defendants of any objections they may have to the scope of the subpoenas or any specific request included therein. (Signed by Judge Denny Chin on 4/21/10) Filed In Associated Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 04/21/2010)
04/28/2010	21	ORDER that upon Judge Chin's elevation to the Court of Appeals, this matter is reassigned to the Honorable P. Kevin Castel. (Signed by Judge Loretta A. Preska on 4/28/10) Filed In Associated Cases: 1:09-md-02058-DC et al.(cd) (Entered: 04/28/2010)
04/28/2010	22	NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Denny Chin is no longer assigned to the case. (ldi) (Entered: 04/29/2010)
04/30/2010	23	ORDER. The motions to dismiss the Consolidated Derivative Complaint filed by these defendants (Docket Nos. 94, 96, 106, 110, 114, 125 and 142) are terminated as moot. (Signed by Judge P. Kevin Castel on 4/29/10) Filed In Associated Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 04/30/2010)
05/05/2010	24	NOTICE of Stichting Pensioenfonds ABP, Aaron M. Katz, and Joel R. Katzs Agreement To Be Bound By Stipulation And Order Governing The Production And Exchange Of Confidential Material Entered January 20, 2010 And The Exhibits And January 28, 2010 Rider Thereto. Document filed by Stichting Pensioenfonds ABP. Filed In Associated Cases: 1:09-md-02058-PKC et al.(Jarvis, Geoffrey) (Entered: 05/05/2010)
05/07/2010	25	ORDER: In accordance with my Orders of April 29, 2010 (MDL Docket Nos. 251, 252), the Clerk is directed to update the docket to reflect that the motions of Sean M. Handler and David Kessler for admission pro hac vice (MDL Docket Nos. 8,20) were granted. ORDER in case 1:09-cv-00580-PKC; granting (20) Motion for Sean M. Handler to Appear Pro Hac Vice; granting (8) Motion for David Kessler to Appear Pro Hac Vice in case 1:09-md-02058-PKC. (Signed by Judge P. Kevin Castel on 5/6/10) Filed In Associated Cases: 1:09-md-02058-PKC et al.(db) (Entered: 05/07/2010)
05/07/2010	26	ORDER: The cases captioned Bahnmaier v. Bank of America Corporation, No. 09 Civ. 5411 (PKC), Munoz v. Merrill Lynch & Co., Inc., No. 09 Civ. 10077 (PKC), Stiching Pensioenfonds ABP v. Bank of America Corporation, No. 10 Civ. 2284 (PKC), Finger v. Bank of America Corporation, No. 10 Civ. 2408 (PKC), Weintraub v. Bank of America Corporation, No. 10 Civ. 2409 (PKC), Finger v. Bank of America Corporation, No. 10 Civ. 2410 (PKC), Finger v. Bank of America Corporation, No. 10 Civ. 2411 (PKC), Koenick v. Lewis, No. 10 Civ. 2425 (PKC), Katz v. Bank of America Corporation, No. 10 Civ. 3099 (PKC), Katz v. Bank of America Corporation, No. 10 Civ. 3248 (PKC) and Jalenak v. Bank of America Corporation, No. 10 Civ. 3472 all appear to be individual securities actions arising out of the same or similar set of facts. By May 14, 2010, the parties in the above-referenced cases shall show cause in writing why these cases should not be consolidated with each other for all purposes, including pretrial proceedings and any trial, and why the defendants' time to move to dismiss or otherwise respond to the complaints in the above-captioned matters should not be extended until thirty days after a decision on the motion to dismiss the Consolidated and Amended Class Action Complaint currently before the Court in the Consolidated Securities Action. In addition, by May 14, 2010, the parties in the cases captioned Bahnmaier v. Bank of America Corporation, No. 09 Civ. 5411 (PKC) and Koenick v. Lewis, No. 10 Civ. 2425 (PKC), shall show cause in writing why the motions to dismiss pending in those cases should not be deemed withdrawn, without prejudice to refiling thirty days after a decision on the motion to dismiss the Consolidated and Amended Class Action Complaint currently before the Court in the Consolidated Securities Action. The action captioned Ryan v. Lewis, No. 09 Civ. 6305 (PKC) was filed in the District of Delaware on or about April 1, 2009, and transferred to the Court on or about July 15, 2009. A review of the docket indicates that no party to the Ryan v. Lewis action has objected to its consolidation with the Consolidated Securities Action. Therefore, this action is consolidated for all purposes with the Consolidated Securities Action. The Clerk is directed to close the docket in Ryan v. Lewis, No. 09 Civ. 6305 (PKC). Counsel for all parties to all of the above-referenced actions shall appear in Courtroom 12C at 11:00am on May 19, 2010. Chambers is transmitting by mail a copy of this Order to the plaintiff in Koenick v. Lewis, at the address listed on her complaint. (Signed by Judge P. Kevin Castel on 5/7/10) Copies Mailed by Chambers.Filed In Associated Cases: 1:09-md-02058-PKC et al.(db) (Entered: 05/07/2010)
05/07/2010	27	ORDER: Counsel for all parties shall appear for a status conference in Courtroom 12C at 11:00am on May 19, 2010. (Status Conference set for 5/19/2010 at 11:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 5/7/10) Filed In Associated Cases: 1:09-md-02058-PKC et al.(db) (Entered: 05/07/2010)