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California Infrastructure and Economic Development Bank : Refunding Revenue Bonds, Series 2007A and Series 2007B
Summary: According to a press release dated June 30, 2009, a class action lawsuit was filed on behalf of a class of persons or entities that hold a derivative interest as of June 10, 2009 in bonds issued by the California Infrastructure and Economic Development Bank, referred to as Refunding Revenue Bonds, Series 2007A and Series 2007B (COPIA: The American Center for Wine, Food & The Arts Project), issued pursuant to a certain Indenture dated May 1, 2007, between the California Infrastructure and Economic Development Bank and The Bank of New York Trust Company, N.A. (the "2007 Copia Bonds").

Specifically, the complaint alleges that the Prospectus for the 2007 Copia Bonds was false and misleading in that it was affirmatively represented in the Prospectus that the 2007 Copia Bonds had been issued for the express purpose of defeasance of a prior 1999 bond issue (the "1999 Bonds") on or before September 7, 2007. The Complaint alleges that the representation was false in that, in order for the prior 1999 Bonds to have been defeased, a written opinion of counsel was required by Section 10.03(4) of the 1999 Bonds Indenture, which was not provided as required. Therefore, the 1999 Bonds have never been made the subject of any proper or legal defeasance and could never have been made the subject of any proper or legal defeasance. The Complaint alleges that the misrepresentation and failure to disclose the lack of any proper or legal defeasance respecting the prior 1999 Bonds and the 2007 Copia Bonds allowed what would have been otherwise unmarketable bonds to be issued and sold. The Complaint alleges that the holders of a derivative interest in the 2007 Copia Bonds suffered substantial losses as a result.

The action names as defendants Infrastructure and Economic Development Bank; The Bank of New York Mellon Trust Company, N.A., ACA Financial Guaranty Corporation ("ACA"), and Orrick, Herrington & Sutcliffe, LLP. Defendants are charged with violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder and ACA also is charged with insurance bad faith.

On September 11, 2009, Judge Garland E. Burrell, Jr., signed the tentative ruling approving William George's motion to be appointed lead plaintiff and further approving his selection of McGrane Greenfield, LLP, and Kershaw, Cutter & Ratinoff, LLP, as lead counsel. On October 20, 2009, the lead plaintiff filed a Consolidated Complaint For Violation Of Section 10(b) Of The Securities Exchange Act Of 1934 And Of Rule 10b-5 Promulgated Thereunder.

INDUSTRY CLASSIFICATION:
SIC Code:
Sector: Financial
Industry: Regional Banks


COMPANY/ISSUER NAME: California Infrastructure and Economic Development Bank
COMPANY/ISSUER TICKER:
COMPANY WEBSITE: http://www.ibank.ca.gov/

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Copia Claims LLC, et al. v. California Infrastructure and Economic Development Bank, et al.
 COURT: E.D. California  DOCKET NUMBER: 09-CV-01610
 JUDGE NAME: Hon. Garland E. Burrell, Jr.
 DATE FILED: 06/10/2009  SOURCE: 
 CLASS PERIOD START: 05/24/2007  CLASS PERIOD END: 06/10/2009
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Kershaw Cutter & Ratinoff LLP
      401 Watt Avenue, Sacramento, CA, 95864
       (voice) 916.448.9800, (fax) 916.448.9800, contactus@kcrlegal.com
  • McGrane Greenfield LLP (San Francisco)
      1 Ferry Building, Suite 220, San Francisco, CA, 94111
       (voice) 415.283.1776, (fax) 415.283.1776,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Complaint For Violation Of Section 10(b) Of The Securities Act Of 1934 And Of Rule 10b-5 Promulgated Thereunder - Class Action Jury Trial Demanded
    Type: Complaint Date on the document: 06/10/2009
    First Amended Complaint For Violation Of Section 10(b) Of The Securities Act Of 1934 And Of Rule 10b-5 Promulgated Thereunder; Insurance Bad Faith - Class Action Jury Trial Demanded
    Type: Complaint Date on the document: 06/16/2009
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 06/29/2009
    Tentative Ruling on motion to Appoint Lead Plaintiff and To Approve Lead Counsel
    Type: Order Appointing LP/LC Date on the document: 09/11/2009
    Order
    Type: Order Appointing LP/LC Date on the document: 09/15/2009

    REFERENCE COMPLAINT
    William George, et al. v. California Infrastructure and Economic Development Bank, et al.
     COURT: E.D. California  DOCKET NUMBER: 09-CV-01610
     JUDGE NAME: Hon. Garland E. Burrell, Jr
     DATE FILED: 10/20/2009  SOURCE: 
     CLASS PERIOD START: 05/01/2007  CLASS PERIOD END: 12/01/2008
     TYPE OF COMPLAINT: Consolidated Complaint
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Kershaw Cutter & Ratinoff LLP
      401 Watt Avenue, Sacramento, CA, 95864
       (voice) 916.448.9800, (fax) 916.448.9800, contactus@kcrlegal.com
  • McGrane Greenfield LLP (San Francisco)
      1 Ferry Building, Suite 220, San Francisco, CA, 94111
       (voice) 415.283.1776, (fax) 415.283.1776,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Type:  Date on the document: 

     OTHER DOCUMENTS
    Case Name and/or Number: 
    Type:  Date on the document: 

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