Vous êtes sur la page 1sur 264

Joseph Zernik

1853 Foothill Blvd


LV, CA 91750
Tel: (310) 435 9107
Fax: (801) 998 0917
jz12345@earthlink.net
Pro Se Petitioner

UNITED STATES COURT


DISTRICT OF COLUMBIA

JOSEPH H ZERNIK
Petitioner CASE No 1:09-cv-00805
vs
KENNETH MELSON ET AL
Respondants
VERIFIED NOTICE #1 OF SUPPORTING RECORDS.
PETITIONER FILES HEREBY NOTICE OF:
(1) “RECREATED LETTERS” FILED AS EVIDENCE BY COUNTRYWIDE IN
CASE OF BORROWER SHARON DIANE HILL (U.S. Bankruptcy Court, Western
District of Pennsylvania, Case No 01-22574);
(2) AN OUTSIDE-COUNSEL EMPLOYMENT SCHEME BY COUNTRYWIDE IN
CASE OF BORROWER WILLIAM ALLEN PARSLEY (U.S. Bankruptcy Court,
Southern District of Texas, Case No 05-90374);
(3) ALLEGED CRIMINAL CONDUCT BY RESPONDENT LEWIS & SENIOR
U.S. OFFICERS RELATIVE TO THE BAC/MERRILL LYNCH DEAL.
TOGETHER, SUCH RECORDS CORROBORATE THE BASIC ELEMENTS
ALLEGED BY PETITIONER RELATIVE TO THE CONDUCT OF U.S. OFFICERS,
WHICH GAVE RISE TO THE SUB-PRIME CRISIS AND PERMITTED HUMAN
RIGHTS DISGRACES OF HISTORIC PROPORTIONS IN LA COUNTY,
CALIFORNIA, BUT MAY OTHERWISE APPEAR TO A NAÏVE READER AS A
“CONSPIRATORIAL THEORY”.
INSTANT PAPER IS ALSO FILED UNDER ALTERNATIVE COVER PAGES IN
THE CASES OF BORROWERS HILL & PARSLEY REFERENCED ABOVE.
Dated: May 16, 2009 Respectfully submitted, by:
Digitally signed
by Joseph Zernik
DN: cn=Joseph
Zernik,
email=jz12345@e
arthlink.net, c=US
Date: 2009.05.17
18:30:59 -07'00'
______________________
JOSEPH H ZERNIK
-1- PRO SE PETITIONER
Joseph Zernik
1853 Foothill Blvd
LV, CA 91750
Tel: (310) 435 9107
Fax: (801) 998 0917
jz12345@earthlink.net
Pro Se Interested Party

UNITED STATES COURT


SOUTHER DISTRICT OF TEXAS
WILLIAM ALLEN PARSELY CASE No 05-90374
Borrower
VERIFIED NOTICE #1 OF SUPPORTING RECORDS.
INTERESTED PARTY IN INSTANT CASE, WHO IS PETITIONER IN ZERNIK V
MELSON ET AL, CASE NO 1:09-cv-00805 IN U.S. COURT, DISTRICT OF
COLUMBIA, FILES HERIN NOTICE OF:
(1) “RECREATED LETTERS” FILED AS EVIDENCE BY COUNTRYWIDE IN
CASE OF BORROWER SHARON DIANE HILL (U.S. Bankruptcy Court, Western
District of Pennsylvania, Case No 01-22574);
(2) AN OUTSIDE-COUNSEL EMPLOYMENT SCHEME BY COUNTRYWIDE IN
CASE OF BORROWER WILLIAM ALLEN PARSLEY (U.S. Bankruptcy Court,
Southern District of Texas, Case No 05-90374);
(3) ALLEGED CRIMINAL CONDUCT BY KENNETH LEWIS & SENIOR U.S.
OFFICERS RELATIVE TO THE BAC/MERRILL LYNCH DEAL.
TOGETHER, SUCH RECORDS CORROBORATE THE BASIC ELEMENTS
ALLEGED IN PETITION FILED IN U.S. COURT, DISTRICT OF COLUMBIA ,
RELATIVE TO THE CONDUCT OF U.S. OFFICERS, WHICH GAVE RISE TO THE
SUB-PRIME CRISIS AND PERMITTED HUMAN RIGHTS DISGRACES OF
HISTORIC PROPORTIONS IN LA COUNTY, CALIFORNIA, BUT MAY
OTHERWISE APPEAR TO A NAÏVE READER AS A “CONSPIRATORIAL
THEORY”.
INSTANT PAPER IS ALSO FILED UNDER ALTERNATIVE COVER PAGES IN
THE CASES PETITIONER ZERNIK AND OF BORROWER HILL, REFERENCED
ABOVE.
Dated: May 16, 2009 Respectfully submitted, by:

______________________
JOSEPH H ZERNIK
PRO SE PETITIONER

-2-
Joseph Zernik
1853 Foothill Blvd
LV, CA 91750
Tel: (310) 435 9107
Fax: (801) 998 0917
jz12345@earthlink.net
Pro Se Interested Party

UNITED STATES COURT


WESTERN DISTRICT OF PENNSYLVANIA

SHARON DIANE HILL CASE No 01-22574


Borrower

VERIFIED NOTICE #1 OF SUPPORTING RECORDS.

INTERESTED PARTY IN INSTANT CASE, WHO IS PETITIONER IN ZERNIK V


MELSON ET AL, CASE NO 1:09-cv-00805 IN U.S. COURT, DISTRICT OF
COLUMBIA, FILES HERIN NOTICE OF:
(1) “RECREATED LETTERS” FILED AS EVIDENCE BY COUNTRYWIDE IN CASE
OF BORROWER SHARON DIANE HILL (U.S. Bankruptcy Court, Western District of
Pennsylvania, Case No 01-22574);
(2) AN OUTSIDE-COUNSEL EMPLOYMENT SCHEME BY COUNTRYWIDE IN
THE CASE OF BORROWER WILLIAM ALLEN PARSLEY (U.S. Bankruptcy Court,
Southern District of Texas, Case No 05-90374);
(3) ALLEGED CRIMINAL CONDUCT BY KENNETH LEWIS & SENIOR U.S.
OFFICERS RELATIVE TO THE BAC/MERRILL LYNCH DEAL.
TOGETHER, SUCH RECORDS CORROBORATE THE BASIC ELEMENTS ALLEGED
IN PETITION FILED IN U.S. COURT, DISTRICT OF COLUMBIA, RELATIVE TO THE
CONDUCT OF U.S. OFFICERS, WHICH GAVE RISE TO THE SUB-PRIME CRISIS
AND PERMITTED HUMAN RIGHTS DISGRACES OF HISTORIC PROPORTIONS IN
LA COUNTY, CALIFORNIA, BUT MAY OTHERWISE APPEAR TO A NAÏVE
READER AS A “CONSPIRATORIAL THEORY”.
INSTANT PAPER IS ALSO FILED UNDER ALTERNATIVE COVER PAGES IN THE
CASES OF PETITIONER ZERNIK AND BORROWER PARSLEY, REFERENCED
ABOVE.
Dated: May 16, 2009 Respectfully submitted, by:

______________________
JOSEPH H ZERNIK
PRO SE PETITIONER

-3-
PRO SE PETITIONER in Zernik v Melson et al, U.S. Court, District of Columbia, who is
also Interested Party, case of Borrower Parsley, U.S. Court, Southern District of Texas, and
who is also requesting designation as Interested Party in case of Borrower Hill, U.S. Court,
Western District of Pennsylvania, hereby files1 notice #1 of support records.
///
I.
TABLE OF CONTENTS
Alternative Cover Pages …………………………… 1-3
I. TOC …………………………… 4
II. List of Exhibits …….………..…………… 5
III. Request for Lenience by Pro Se Filer …………………………… 6
IV. Requests for Incorporation by reference …….………..……………. 7
V. Request for Judicial Notice …….………..……………. 8
VI. Significance of the Records Notified Herein …….………..……………. 9
VII. Statement of Verification …….………..……………. 25
VIII. Proposed Orders …….………..…………… 27
IX. Exhibits …….………..……………. 29

1
Copy is concomitantly filed with TARP Oversight Board, and with TARP Inspector General, as a
request for urgent investigation into matters related to TARP and the Bailout.
Copy is concurrently filed with Lawrence Summer, Director, U.S. President National Economic
Council
Copy is concurrently filed with Paul Volker, Chairman, U.S. President Economic Recovery Advisory
Board, as request for investigation of the allegation that widespread corruption in LA County,
California, involving Countrywide, gave rise, at least in part, to the sub-prime crisis.
Copy is concurrently filed with Carol E. Dinkins., Chairwoman, U.S. President Privacy and Civil
Liberties Advisory Board, as a request for investigation of alleged widespread corruption and civil
rights and human rights violation of historic proportions in LA County, California.
Copies are concomitantly filed with U.S. Congress, as a request for urgent hearings on underlying
matters.

-4-
II.
LIST OF EXHIBITS IN CURRENT NOTICE
EXHIBIT 1. 07-12-27-three “Recreated Letters” filed by Countrywide as evidence in the
Case No 01-22574, Borrower Sharon Diane Hill, in U.S. Bankruptcy Court,
Pittsburgh, PA
EXHIBIT 2. 07-12-20-Transcript from above referenced case.
EXHIBIT 3. 09-05-15 Pacer docket of above referenced case.
EXHIBIT 4. 08-03-08 Memorandum Opinion of the Hon Jeff Bohm, U.S. Judge, in Case
No 05-90374, Borrower William Allen Parsely, U.S. Bankruptcy Court,
Houston TX.
EXHIBIT 5. 09-05-15 Pacer docket of above referenced case.
EXHIBIT 6. 09-04-23 Letter of NY Attorney General Andrew Cuomo to U.S. Congress.
EXHIBIT 7. 09-04-23 Global Economic Trends Blog: Let the Indictments Begin Paulson,
Bernanke, Lewis.
EXHIBIT 8. 08-01-08 NYT: Morgenson’s Report of Countrywide’s Recreated Letters
EXHIBIT 9. 08-01-09 NYT: Stocks Dive on Reports of New Ills
EXHIBIT 10. 08-01-11AM Greenberg’s MarketBlog: Posting on Countrywide/BAC deal
EXHIBIT 11. 08-01-11PM CNN: BofA inks deal to buy Countrywide for $4 billion
EXHIBIT 12. Wikipedia: Bank of America Corporation
///
///
///

III.
REQUEST FOR LENIENCE BY PRO SE FILER

Copy is concomitantly filed with the Israeli Embassy in Washington DC, with request for monitoring
and protection of the rights of dual citizen, Joseph Zernik, per Universal Declaration of Human
Rights, ratified International Law.

-5-
While I make substantial efforts to comply with court procedures, and study
applicable law, I request special lenience as a pro se filer:
A document filed pro se is “to be liberally construed,” Estelle, 429 U. S., at
106, and “a pro se complaint, however inartfully pleaded, must be held to less
stringent standards than formal pleadings drafted by lawyers,” ibid. (internal
quotation marks omitted). Cf. Fed. Rule Civ. Proc. 8(f) (“All pleadings shall be
so construed as to do substantial justice”). (Erickson v Pardus et al, 2007)
In particular, I am unqualified in assessing the validity of legal theories. I ask the
Honorable Court to ignore any irrelevant or erroneous legal theory I claim, and do take into
consideration the facts and the claims themselves, and if they can support some other valid
theory, assign such legal theory to them, and review them pursuant to such valid legal theory
(Haddock v Cal Board of Dental Examiner, 1985).
The Honorable Court is requested to entirely disregard my comments, explanations,
or legal arguments pertaining to such papers, when my writings appear to be of the nature of
legal theories, or legal arguments, and are deemed erroneous, or irrelevant.
If it pleases the Honorable Court, let the Honorable Court act of its own volition
whenever permitted to do so by law:
a. To initiate action pursuant to the Code of Conduct of U.S. Judges, Canon 3B(3):
(3) A judge should initiate appropriate action when the judge becomes
aware of reliable evidence indicating the likelihood of unprofessional
conduct by a judge or a lawyer.
b. To act pursuant to Fed. Rule Civ. Proc. 8(f) “to do substantial justice” for
Plaintiffs who claim to have been inflicted substantial harms by the Los Angeles
justice system.
Dated: May 16, 2009 Respectfully submitted, by:

________________________
JOSEPH H ZERNIK
PRO SE PETITIONER

///
///

-6-
III.
REQUEST FOR INCORPORATION BY REFERENCE
I request that the Honorable U.S. Courts incorporate by reference each other’s dockets
as they appear in Pacer, as well as USDOJ reports, also available online. The request is to
incorporate by reference such records at whatever state they are in the data-base referenced
below. However, in places where records in their current data-base (case #4 below) were not
scanned at all, or were improperly scanned, or were improperly tagged, as describe in pages
7-16 of Petition Zernik v Melson et al, the records will be filed again with the Honorable
Courts, so that they re properly scanned and tagged.
In addition to Pacer records, request is also for incorporation by reference of official
reports of the U.S. Dept of Justice, Independent Counsel, Special Counsel, and LAPD
reports, pertaining to allegation of long-term, widespread corruption of the justice system in
LA County, tolerated and patronized by U.S. Agencies. The petition alleges that such
widespread public corruption in Los Angeles County, California, gave rise to corruption in
Countrywide that was essential for the development of the Sub-Prime Crisis, on the one
hand, and human rights disgraces of historic proportion, on the other hand.
Pacer Dockets:
1) Zernik v Melson at al. – U.S. Court, DC, Case No 1:2009cv00805
2) Borrower Parsley – U.S. Court, Southern District of TX, Case No 05-90374
3) Borrower Hill –U.S. Court, Western District of PA, Case No 01-22574
4) Zernik v Connor et al.- U.S. District Court, LA, CA, Case No 2:2008cv01550
5) Fine v LA Sheriff of LA – U.S. District Court, LA, CA, Case No 2:09-cv-01914

6) Fine v. State Bar of CA et al – U.S. Dist Court, LA, CA, Case No 2:08-cv-02906
7) U.S. Gov v City of LA et al – U.S. Dist Court, LA, CA, Case No 2:2000cv11769
Official Reports available online, which are not part of Pacer:
8) U.S. Dept of Justice - Annual Reports of the USDOJ Public Integrity Section
http://www.usdoj.gov/criminal/pin/

9) U.S. Dept of Justice - Special Report (December 1987) regarding drug sales for profit by

-7-
CIA in LA County in the 1980 as part of Iran-Contra.
http://www.usdoj.gov/oig/special/9712/

10) Records of Independent Counsel Lawrence Walsh relating to Iran/Contra


http://www.archives.gov/research/independent-counsels/walsh.html

11) LAPD - Blue Ribbon Review Panel Report (2006) and responses by Police Chief and
the office of LA District Attorney.
http://www.lacp.org/2006-Articles-Main/RampartReconsidered.html
Rampart Reconsidered - Full Report (101 pages - pdf file)

Rampart Reconsidered - Executive Summary (32 pages - pdf file)

Rampart Reconsidered - Appendices (141 pages - pdf file)

Dated: May 16, 2009 Respectfully submitted, by:

________________________
JOSEPH H ZERNIK
PRO SE PETITIONER
///
///

IV
REQUEST FOR JUDICIAL NOTICE
I request that the Honorable Courts take Judicial Notice of each other’s rulings in
cases 1, 2, and 3 referenced in Request for Incorporation in Reference, above.
Regarding case #4, Zernik v Connor et al, I request that the Honorable Courts take
Judicial Notice of the following incontrovertible facts:
1) The non-sequential order of the records in the docket.
2) The failure to issue valid summons in the case (Summons as issued by the clerk are
found under Doc 1, Complaint).
3) Inadequate docketing, where critical records are concealed under unrelated records,
EG, Doc #52, 56, 58.
-8-
4) Alleged perverted discrepancy notices (Doc # 105) documenting the fact that a large
number of records were completely eliminated from the docket with no record at all
of the procedures underlying such elimination.
///
5) Complaint filed with FBI regarding alleged dishonest manipulations of Pacer docket
in the case (Doc #088)
Dated: May 16, 2009 Respectfully submitted, by:

________________________
JOSEPH H ZERNIK
PRO SE PETITIONER

///
///
V.
SIGNIFICANCE OF RECORDS NOTICED HEREIN
///
A. Records from the case of Borrower Sharon Diane Hill, No 01-22574, U.S.
Bankruptcy Court, Western District of Pennsylvania
Such records document Countrywide admitting filing “Recreated Letters” (Exhibit 1) as
evidence. Such conduct was admitted in proceedings in the court of the Honorable Thomas
P Agresti, as documented in the Transcript of a December 20, 2007 proceeding in that case
(Exhibit 2). Such records are accompanied by the up to date Pacer docket of that case
(Exhibit 3).
Petitioner claims similar conduct by Countrywide, now BAC relative to alleged fraud
in key record that is an invalid underwriting letter of October 26, 2004, and was repeatedly
introduced in evidence as a valid underwriting dated October 14, 2004 or mid-October 2004.

-9-
The alleged fraudulent underwriting letter, support records, request for an evidentiary ruling
and declaratory relief will be separately filed.
///
B. Records from the case of Borrower William Allen Parsley, No 05-90374, U.S.
Bankruptcy Court, Southern District of Texas:
Such records document Countrywide admitting in proceedings in the court of the Honorable
Jeff Bohm engaging in an Outside Counsel Employment Scheme. Such records include
Memorandum Opinion, March 8, 2008 (Exhibit 4), and an up to date Pacer docket of that
case (Exhibit 5).
Petitioner claims similar conduct by Respondent BAC, relative to employment of
Respondent Bryan Cave, LLP as an Outside Counsel in cases involving Petitioner. Outside-
Counsel Procedures manual of BAC, together with records supporting the allegations of
fraud in employment of Respondent Bryan Cave, LLP as Outside Counsel, will be separately
filed, together with requests for evidentiary rulings and declaratory relief.
///
C. Records from the investigation of the Merrill-Lynch/BAC merger

Such records provide evidence that both BAC Officer – Respondent Kenneth Lewis, and
U.S. Officer – former Treasury Secretary Paulson, admitted alleged criminal conduct related
to the merger referenced above. Such records include a letter by NY Attorney General
Andrew Cuomo to U.S. Congress (Exhibit 6), and Global Economic Trend blog call for
criminal indictments of Paulson, Bernanke, and Lewis which was widely distributed on the
web (Exhibit 7).
Petitioner claims that discovery in this case will confirm similar conduct by
Respondents BAC, and U.S. officers relative to the Countrywide/BAC merger. Letters by
U.S. officers Respondents Kaiser and Melson, which are alleged as fraud on U.S. Congress,
together with requests for evidentiary rulings and declaratory relief will be separately filed.
D. Additional Records

Supper records are related to:

-10-
a. The publication of the news of “Recreated Letters” in the Hill case, in early
January 2008 (Exhibits 8,9), leding to what was variably termed “Merger”, “Takeover”,
and “Takeunder”, of Countrywide by BAC.
b. The nature of the Countrywide/BAC merger, (Exhibits 10, 11, 12) that show that
the transaction was inexplicable in terms of normal business conduct, and was accompanied
by overt provisions by Bush Administration officials aimed to induce BAC to enter the deal.
Furthermore, such records support the claim that discovery in this case is very likely to
uncover covert provisions/”understandings” by Bush administration officials and BAC, to
induce/coerce the merger, and shield BAC from possibly or likely criminal liability related to
the deal. The petition alleged that such conduct was furhtermore concealed from share-
holders, tax-payers, and U.S. Congress.
///
E. Significance of the above referenced cases to Petition of Zernik v Melson et al, U.S.
Court, Washington DC and vice versa:
The records listed above support allegations in Petition in U.S. Court, District of
Columbia, that:
1. Countrywide filed as evidence and produced in response to legal subpoena in
Samaan v Zernik (SC08400) a large volume of false and deliberately misleading
banking records, which upon review will dwarf in comparison the Recreated
Letters filed in the case of Sharon Diane Hill. Former Countrywide Officers,
Angelo Mozilo and Sandor Samuels were repeatedly requested to stop the alleged
fraud on Petitioner. Current Officers of Respondent BAC, Respondents Lewis,
Mayopoulos, and the BAC Audit Committee were likewise repeatedly requested
to stop the fraud. All of them refused to take corrective action, and colluded with
the ongoing alleged fraud on Petitioner Zernik.
2. Countrywide initiated the alleged false and deliberately misleading employment of
Respondent Bryan Cave, LLP in cases pertaining to Petitioner Zernik, which upon
review will dwarf in comparison the Outside Counsel scheme in the case of

-11-
Borrower Parsley. Respondent BAC continued and continues such employment.
Respondents BAC, Lewis, Mayopoulos, and BAC Audit Committee, as well as
Respondents Lents and Van Clever, were repeatedly asked to stop such alleged
fraud on Petitioner, but refuse to do so.
3. Respondents FBI, USDOJ, and SEC, as well as respective U.S. Officers,
Respondents Kaiser, Melson, and Bezek, consistently refuse perform their duties
and provide Petitioner with Equal Protection against such alleged criminal
conduct, regardless the severe abuse of his civil rights. Such conduct by
Respondents Melson and Kaiser included false and deliberately misleading
statements to U.S. Congress. Such conduct by SEC and Respondent Bezek
involved failure to enforce SEC regulation and protect both BAC share-holders
and U.S. tax-payers like Petitioner from ongoing alleged frauds of large scale.
4. Combined, the conduct of Respondents BAC, USDOJ, FBI, SEC, & Bryan Cave,
LLP, and their respective officers in underlying cases involving Petitioner Zernik,
is most plausibly explained in confidential provisions or understandings, yet to be
discovered, that upon review would dwarf in their alleged criminality those that
took place in relationship to the Merrill-Lynch/ BAC merger. Therefore -
Respondents BAC and Bryan Cave, LLP, and respective officers, felt falsely
secure in their alleged criminal conduct, while Respondents FBI and USDOJ and
SEC felt falsely compelled to allow ongoing extreme abuse the civil rights of
Petitioner and others.
5. Evidence included in the cases cited herein, alone, without any further discovery,
would likely provide sufficient credible evidence for indictment of Sandor
Samuels and Angelo Mozilo, possibly also Kenneth Lewis, Timothy Mayopoulos,
and Bryan Cave, LLP on Racketeering per RICO 18 USC § 1961-1968. The cases
cited herein include allegations of numerous predicated acts that took place in
2007-2009, including alleged obstruction and perversion of justice, falsification of
banking and legal records, intimidation, harassment and retaliation against victims,

-12-
witnesses, and informants, and more. Petitioner therefore alleged in his original
filing that the investigation by FBI of Countrywide, upon review, must be deemed
as “deliberately aimless”, and public statements made by USDOJ and FBI
officers regarding vigorous investigation of Countrywide are attempts to mislead
the U.S. tax payers and U.S. Congress.
6. The conduct of U.S. Officers under the Bush Administration relative to BAC,
Countrywide, and Merrill Lynch, now allow BAC to grow beyond limits
previously promulgated relative to banking institutions, as safeguards for the U.S.
economy in the wake of the Great Depressions. Furthermore, such conduct now
permits BAC to engage in alleged criminal conduct with effective immunity.
Combined, this concoction is contrary to the law, contrary to any sound public
policy, and the recipe for disaster for the U.S. economy and the rule of law.
///
///
F. Notice provided to Counsel of Borrower Hill and U.S. Trustee of intend to file
notices in the case of Borrower Hill, to inform the Honorable Thomas P. Agresti,
United States Bankruptcy Court Judge, Pittsburgh, Pennsylvania, of the current
conduct of BAC in LA, California
Email note was forwarded today, May 15, 2009 to counsel for Borrower and for the
U.S. Trustee in the case of Sharon Diane Hill, noticing counsel of my intent to file notices in
that case as an Interested Party.
The May 15, 2009 email note explains my interest in the case as follows:
…My interest is in no way adversarial to that of Borrower Sharon Diane Hill,
and is most closely aligned with the interest of the U.S. Trustee.
My interest in Pennsylvania case of Sharon Diane Hill
My claim is that in LA County, California, home-base of Countrywide, it
continues to this very day to perpetrate on me the same frauds that were
rebuked in other courts around the country. Specifically - I allege that under
BAC control, it continues to perpetrate on me the "Recreated Letters" fraud
that is a copy of its conduct in the PA court, which was rebuked in the case of
Sharon Diane Hill.

-13-
My interest in Texas case of William Alan Parsley
You may view similar notices which I have recently filed in U.S. Court in
Houston, Texas (Borrower - William Allen Parsley case # 05-903-74, Filed:
10/13/2005). My claim there is that under BAC control, it continues to
perpetrate on me the "Outside Counsel" fraud that is a copy of its conduct in
the TX court, which was rebuked in the case of William Alan Parsley.
Samaan v Zernik (SC087400) at the California Superior Court for the County
of Los Angeles
I was named Defendant in civil unlimited litigation of Samaan v Zernik
(SC087400). Claims in that litigation stemmed from real estate failed
transaction in 2004, when I tried to sell my Beverly Hills home, and Nivie
Samaan fraudulently induced me to enter a contract where she was not
qualified for the purchase.
However, with Countrywide's collusion, she was trying to perpetrate a
mortgage fraud, which failed. A year later, in 2005, she filed against me
claims for Specific Performance or Breach of Contract. In such case, again in
collusion with frauds by Countrywide, I was forced to leave my home under
the threat of force, my home was taken for private use with no compensation
at all, and I never received a penny. I had gag orders placed on me to benefit
large corporations in ex parte procedures, as part of extensive severe abuse
of my due process and first amendment rights.
My allegations in re: Samaan v Zernik (SC087400):
I claim that I was subjected to fraud under the guise of litigation in Superior
Court of California for the County of Los Angeles. Suffice is to say that the
Clerk of the LA Superior Court has refused to certify in the past year that the
case is a valid case of the Superior Court of California, that the judgment in
such case was a valid, effectual judgment of the Superior Court of California,
and that Judge Terry Friedman, who has been holding the "file" for over a
year (albeit, like all other judges in this case - with no assignment order at all)
is a duly assigned judge in this case.
Regarding the Grant Deed filed by the court on my home, while the "file" was
held by Judge Terry Friedman - veteran FBI agent, decorated by U.S.
Congress, by FBI Director, and by U.S. Attorney General, has opined "...
frauds being committed..."
My case in not unique either. I have identified numerous similar real estate
frauds at the court, most notably, the case of Galdjie v Darwish (SC052737).
I consider my case unique only in the meticulous documentation of the
frauds.
Regarding the conduct of Countrywide Samaan v Zernik (SC087400):
Bryan Cave, LLP, has regularly appeared in this case for two years, claiming
to represent Countrywide, later BAC, and self-designating as "Non Party".
The LA Superior Court designated it interchangeably "Defendant" Plaintiff",
"Real Parties in Interest" [sic-jhz], "Cross-Defendant", "Intervenor", and
more... In recent months, neither BAC nor Bryan Cave, LLP would respond
to demand that they explicitly state that Bryan Cave, LLP was authorized to
represent BAC in this case.

-14-
Since early 2007, neither Angelo Mozilo, nor Sandor Samuels, and more
recently - neither Kenneth Lewis, nor Timothy Mayopoulos, nor the BAC Audit
Committee would answer requests to either authenticate or repudiate records
they filed in court as evidence, among them - "recreated letters" certified as
falsely dated by a fraud expert.

In short, through cases such as the case of Sharon Diane Hill, I show that U.S. Courts
in Texas and Pennsylvania rebuke the litigation practices of Countrywide, initially as an
independent publicly traded corporation - CFC - more recently controlled by Bank of
America Corporation (BAC). At the same time, I allege judges of the LA Superior court,
such as Terry Friedman, in fact willfully colluded with Countrywide, BAC, and others, and
continue to collude with such practices to this date, in perpetrating fraud on me under the
guise of civil litigation.
///
G. Litigation Practices of Countrywide as seen in the case of Borrower Sharon Diane
Hill were publicized in January 2008.
Exhibit 8, is a copy of a news item published on January 8, 2008 in the Business
Section of the New York Times, by Pulitzer-Prize winner Gretchen Morgenson.
Morgenson article, title: “Lender Tells Judge It 'Recreated' Letters,” reported that in
late December 2007, Countrywide finally admitted in the U.S. Court in Pittsburgh
Pennsylvania that it had filed evidence in the case of Sharon Diane Hill, which was
“recreated letters”. The letters themselves, which were false, made up banking records, are
provided in Exhibit 1.
Exhibit 2 is the transcript of the hearing in the case of Sharon Diane Hill on
December 20, 2007, where the true facts in this matter came to be admitted by
Countrywide’s counsel. Morgenson in her article quotes the Honorable Judge Agresi stating:
"These letters are a smoking gun that something is not right in Denmark." That comment
appears on transcript page 19. The transcript more fully cited says:
THE COURT: Well, there's definitely a need for3discovery here. These
letters are a smoking gun that something4is not right in Denmark. I just -- I
can't get over what I'm5being told here about these recreations and what the

-15-
purpose is6or was and what was intended by them. It just -- I don't see7any
credible reason for doing that other than to create a8perception that notices
were timely sent. But maybe there is,9and that's why there's a need for
discovery, obviously.
Attorney Puida, anything -- any response here?
PUIDA: Yes, Your Honor. Again, the -- we were12doing nothing more than
providing counsel with a history of what escrow was received and payments
during the course of the bankruptcy, what was paid out, what difference
between the two there may have been. The letters again were never offered
as being something that was sent out to debtor's counsel or to the Trustee. It
was just a starting point to show this is the breakdown for that particular
year's escrow.
THE COURT: All right. I appreciate that. This is your understanding of what
you did, but when I asked some rather pointed questions to further explain
the purpose behind these letters, you couldn't respond. You could not
answer, and I can appreciate that, and that's just more reason why there has
to be some discovery here to find out what is going on and why it was done,
because that will determine -- you know, if it can't otherwise be settled or
resolved, that will be an item of concern for this Court in assessing the
appropriate damage or remedy. So it's highly, extremely relevant, and
important for a decision in this matter…
///
///
H. Such publication was the cause of a meltdown in Countrywide’s share price, and
also caused tremors in financial markets.
Morgenson’s January 8, 2008 publication in the NYT caused a sharp drop in the
Countrywide share price, and on the same afternoon rumors started circulating of pending
bankruptcy filing by Countrywide, which required press release by Countrywide denying
such rumors. The news led to overall declines in financial markets that raised concerns about
U.S. financial markets stability.
On the next day, January 9, 2008, the New York times reported, as seen in Exhibit 9:
Shares tumbled late Tuesday after the head of AT&T suggested that
consumers might be cutting back and Countrywide Financial denied that
it was tumbling into bankruptcy…..
Shares of Countrywide fell $2.17, or 28.4 percent, to $5.47, after the
company issued a statement that said there was “no substance to the rumor
that Countrywide is planning to file for bankruptcy.”

-16-
The Standard & Poor’s 500-stock index fell 1.84 percent, or 25.99points, to
1,390.19, its lowest close since March 5.The Dow Jones industrial average
declined 238.42 points, or 1.86 percent, to 12,589.07,while the Nasdaq
composite index dropped 58.95 points, or 2.36 percent, to 2,440.51

Such values for major indices may seem phenomenally high to date, but as the report
notes, they brought the S&P to the lowest level in 10 months. Eventually, two days later, on
January 11, 2008, announcement was made of the intent to have BAC take over control of
Countrywide.
On should note that investors’ negative sentiments, reflecting vanishing confidence in
Countrywide, which led to such final collapse, were not driven by any financial performance
data of Countrywide. Instead, such negative investors’ actions were driven by news of
alleged massive corruption of Countrywide’s Legal Department, at the time headed by
Sandor Samuels, Chief Legal Officer. Today, I am informed and believe that Samuels serves
as Associate General Counsel at BAC.
It is my opinion that investors’ reactions were logical and fully justified. The legal
department of any public corporation, and in particular any financial institutions, is critical in
safeguarding the integrity of internal controls. Such realization was recognized following
the Enron debacle in the Sarbanes Oxley Act of 2002 § 307, and respective promulgated
SEC regulations. Therefore, once the corruption of a Legal Department of financial
institution is evident, alternatively, once it becomes evident that SEC is not enforcing the law
in this regard, no investor in his right mind should trust any further financial reports from
such corporations and/or regulators. That is indeed the current alleged state of affairs
regarding Countrywide, BAC, and SEC.

///

///

I. Such publication was the cause of Countrywide’s final demise and the take-over
(designated below as “Takeunder”) by BAC announced on January 11, 2008, and
sponsored by U.S. officials under the Bush Administration in its waning days.

-17-
Herb Greenberg is listed as a senior columnist for MarketWatch. His column also
appears in the weekend edition of the Wall Street Journal, and he's a contributor to CNBC.
He joined MarketWatch after six years as senior columnist for TheStreet.com. He previously
spent 10 years as a six-day-a-week business columnist for the San Francisco Chronicle.
Before that, he was the New York financial correspondent for the Chicago Tribune, where he
covered the food and restaurant industries.
Exhibit 10 is Herb Greenberg’s blog column, January 11. 2008 early morning
posting, designating the Countrywide/BAC deal as “Takeunder”. It also notes what was
noted in other publications as well “The Fed is behind the deal”, and speculates “the
government likely agrees to guarantee BofA against Countrywide-related losses”, while
noting “There was nothing in the press release about that…”.
It further implies confidential provisions by Bush administration officials related to
the Countrywide/BAC deal:
Now we know. Based on the implied price of the deal, which is around $7,
give or take, this is a takeunder. Yesterday I opined (clearly as a “guessing
game”) that it would appear apparent:
1. The Fed is behind the deal. (Today’s thought: It’s as likely as
yesterday.)
2. The Fed is behind the deal because the rumors yesterday of a near
bankruptcy were probably true. (Based on the price, it would appear more
evident than ever.)
3. As part of the deal, the government likely agrees to guarantee BofA
against Countrywide-related losses. (There was nothing in the press
release about that, so let’s give them the benefit of the doubt and say
BofA is shouldering all of the risk and at this price it believes the risk is
worth the reward.)
4. Lost in the in the noise yesterday was that Moody’s downgraded the
ratings on 30 (count ‘em — THIRTY!) tranches of Countrywide’s mortgage
debt by more than a few notches. They did something similar before
American Home Mortgage filed for bankruptcy. (Remains as telling today
as it was yesterday.)

Exhibit 11, CNN report later that Friday, January 11, 2008 notes:
"If this deal occurs, I believe it will have been shepherded by the bank
regulators," said Punk, Ziegel & Co. analyst Richard Bove wrote in a
research note Friday.

-18-
The deal was valued at about $4 billions, but later BAC set aside double that sum for
covering potential litigation losses related to Countrywide. BAC also later decided to retire
the “Countrywide” name, recognizing the negative goodwill that came attached to the name.
///
J. Financial analysts largely failed to recognize the potential or likely criminal
liabilities related to the Countrywide/BAC deal, and likely confidential provisions or
“understandings” regarding criminal immunities, which in fact are likely to be of
criminal nature as well.
News and analysis reports quoted above often noted that the transaction as disclosed
to the public, and also to U.S. Congress, did not make sense financially, and that the
transaction was chaperoned by Bush Administration officials. Numerous reports speculated
that U.S. Officers provided provisions to induce BAC to enter the transaction. However,
financial analysts largely ignored the criminal liability that came attached to Countrywide.
Wikipedia, as downloaded on May 15, 2009 (Exhibit 12), provides a better picture of
BAC and the Countrywide/BAC deal, noting:
Bank of America Corporation (NYSE: BAC
(http://www.nyse.com/about/listed/bac.html)), based in Charlotte, North
Carolina is the largest financial services company in the world[4], largest
bank by assets,[3] second largest commercial bank by deposits,
and(previously) third largest by market capitalization in the United
States.[5][6] Also, Bank of America is the number one underwriter of global
high yield debt, the third largest underwriter of global equity and the ninth
largest adviser on global mergers and acquisitions.[7]

One should notice that the statement “Bank of America is the number one
underwriter of global high yield debt,” also implies that BAC is the number one
underwriter of global high risk debt. In the mortgage industry such debts were designated
“sub prime lending”.
On the acquisition of Countrywide Wikipedia states:
Acquisition of Countrywide Financial
On August 23, 2007 the company announced a $2 billion repurchase
agreement for Countrywide Financial. This purchase of preferred stock was

-19-
arranged to provide a return on investment of 7.25% per annum and provided
the option to purchase common stock at a price of $18 per share.[15]
Following that initial investment, on January 11, 2008, Bank of America
announced that they would buy Countrywide Financial for $4.1 billion.[16]
This acquisition, which closed on July 1, 2008, gave the bank a substantial
market share of the mortgage business, and access to Countrywide's
expertise, technology, and employees for servicing mortgages.[17] The
acquisition was seen as preventing the potential of bankruptcy for
Countrywide. Countrywide, however, denied that it was close to bankruptcy.
Countrywide provides mortgage servicing for nine million mortgages valued
at $1.4 trillion USD as of December 31, 2007.[18] However, Countrywide is
under FBI investigation due to possible fraud in home loans and mortgages,
therefore Bank of America states that by 2009 they will only be "officially"
affiliated to Countrywide.[19]
On July 1, 2008, Bank of America Corporation completed its purchase of
Countrywide Financial Corporation. This purchase made it the USA's leading
mortgage originator and servicer, controlling between20 to 25 percent of the
home loan market.[20] The deal was structured to merge Countrywide with
the Red Oak Merger Corporation, which Bank of America created as an
independent subsidiary. It has been suggested that the deal was structured
this way to prevent a potential bankruptcy stemming from large losses in
Countrywide hurting the parent organization by keeping Countrywide
bankruptcy remote.[21]

One should particularly notice the statement: ‘… Countrywide is under FBI


investigation due to possible fraud in home loans and mortgages, therefore Bank of
America states that by 2009 they will only be "officially" affiliated to
Countrywide.[19]’

One must also particularly notice the statement: “The deal was structured to merge
Countrywide with the Red Oak Merger Corporation, which Bank of America created
as an independent subsidiary. It has been suggested that the deal was structured this
way to prevent a potential bankruptcy stemming from large losses in Countrywide
hurting the parent organization by keeping Countrywide bankruptcy remote.[21].”

Petitioner alleges that both reflect efforts by BAC to sequester criminal liabilities as
well as financial liabilities related to Countrywide.

Combined losses to investors and tax-payers by Countrywide alone are likely to total
close to $1trillion mark soon. Regarding tax-payers awards to BAC Wikipedia states as

-20-
follows:

Federal bailout
Bank of America received US $20 billion in federal bailout from the US
government through the TARP program on 16 January 2009 and also got
guarantee of US $118 billion in potential losses at the company.[28] This was
in addition to the $25 billion given to them in the Fall of 2008 through TARP.
The additional payment was part of a deal with the US government to
preserve Bank of America's merger with the troubled investment firm Merrill
Lynch.[29] Since then, members of the US Congress have expressed
considerable concern about how this money has been spent, especially since
some of the recipients have been accused of mis-using the bailout
money.[30] The Bank's CEO, Ken Lewis, was quoted as claiming "We are still
lending, and we are lending far more because of the TARP program."
Members of the US House of Representatives, however, were skeptical and
quoted many anecdotes about loan applicants (particularly small business
owners) being denied loans and credit card holders facing stiffer terms on the
debt in their card accounts.
According to a March 15, 2009 article in The New York Times, Bank of
America received an additional $5.2 billion in government bailout money
which was channeled through American International Group. [31
The sums listed above in bailout, through the TARP and elsewhere, are well above
$150 billions! Petition filed in Washington DC Court alleged criminal conduct by recipients
of TARP funds.

///

///

K. Cover-up and direct involvement of high ranking U.S. Officer in the Bush
Administration in criminal conduct of individuals and corporations related to sub-
prime lending who amassed fortunes at the expense of the U.S. Taxpayer and
Homeowners is fully documented in the Merrill-Lynch/BAC deal.
The picture painted above may seem to a naïve reader as a fictional “conspiratorial
theory”. Not so! Direct evidence for such conduct, and worse is found in the Merrill-
Lynch/BAC deal.
On April 23, 2004, Andrew Cuomo wrote to U.S. Congress (Exhibit 6):
I am writing regarding our investigation of the events surrounding Bank of
America's merger with Merrill Lynch late last year. Because you are the
overseers and regulators of the Troubled Asset Relief Program ("TARP"), the

-21-
banking industry, and the Treasury Department, we are informing you of
certain results of our investigation. As you will see, while the investigation
initially focused on huge fourth quarter bonus payouts, we have uncovered
facts that raise questions about the transparency
of the TARP program, as well as about corporate governance and disclosure
practices at Bank of America. Because some matters relating to our
investigation involve federal agencies and high-ranking
federal officials charged with managing the TARP program, we believe it is
important to inform the relevant federal bodies of our current findings. We
have attached relevant documents to this letter for your review.

The letter continues to state:

At a meeting that evening Secretary Paulson, Federal Reserve Chairman


Ben Bernanke, Lewis, Bank of America's CFO, and other officials discussed
the issues surrounding invocation of the MAC clause by Bank of America.
The Federal officials asked Bank of America not to invoke the MAC until there
was further consultation. There were follow-up calls with various Treasury
and Federal Reserve officials, including with Treasury Secretary Paulson and
Chairman Bernanke. During those meetings, the federal government officials
pressured Bank of America not to seek to rescind the merger agreement. We
do not yet have a complete picture of the Federal Reserve's role in these
matters because the Federal Reserve has invoked the bank examination
privilege.
Bank of America's attempt to exit the merger came to a halt on December 21,
2008. That day, Lewis informed Secretary Paulson that Bank of America still
wanted to exit the merger agreement. According to Lewis, Secretary Paulson
then advised Lewis that, if Bank of America invoked the MAC, its
management and Board would be replaced:
"[W]e wanted to follow up and he said, 'I'm going to be very blunt, we're very
supportive on Bank of America and we want to be of help, but' --as I recall
him saying "the government," but that mayor may not be the case -"does not
feel it's in your best interest for you to call a MAC, and that we feel so
strongly," --I can't recall if he said "we would remove the board and
management if you called it" or if he said "we would do it if you intended to." I
don't remember which one it was, before or after, and I said, "Hank, let's
deescalate this for a while. Let me talk to our board." And the board's reaction
was of "That threat, okay, do it. That would be systemic risk."
"In an interview with this Office, Secretary Paulson largely corroborated
Lewis's account. On the issue of terminating management and the Board,
Secretary Paulson indicated that he told Lewis that if Bank of America were
to back out of the Merrill Lynch deal, the government either could or would
remove the Board and management. Secretary Paulson told Lewis a series of
concerns, including that Bank of America's invocation of the MAC would
create systemic risk and that Bank of America did not have a legal basis to
invoke the MAC (though Secretary Paulson's basis for the opinion was
entirely based on what he was told by Federal Reserve officials).
Secretary Paulson's threat swayed Lewis. According to Secretary Paulson,

-22-
after he stated that the management and the Board could be removed, Lewis
replied, "that makes it simple. Let's deescalate." Lewis admits that Secretary
Paulson's threat changed his mind about invoking that MAC clause and
terminating the deal.
Secretary Paulson has informed us that he made the threat at the request of
Chairman Bernanke. After the threat, the conversation between Secretary
Paulson and Lewis turned to receiving additional government assistance in
light of the staggering Merrill Lynch losses.
Lewis spoke with individual Board members after his conversation with
Secretary Paulson. The next day, December 22, 2008, the Board met and
was advised of Lewis's decision not to invoke the MAC. The minutes of that
meeting listed the key points of Lewis's calls with Secretary Paulson and
Chairman Bernanke:
"(i) first and foremost, the Treasury and Fed are unified in their view that the
failure of the Corporation to complete the acquisition of Merrill Lynch would
result in systemic risk to the financial system in America and would have
adverse consequences for the Corporation; (ii) second, the Treasury and Fed
state strongly that were the Corporation to invoke the material adverse
change("MAC") clause in the merger agreement with Merrill Lynch and fail to
close the transaction, the Treasury and Fed would remove the Board and
management of the Corporation; (iii) third, the Treasury and Fed have
confirmed that they. will provide assistance to the Corporation to restore
capital and to protect the Corporation against the adverse impact of certain
Merrill Lynch assets: and(iv) fourth, the Fed and Treasury stated that the
investment and asset protection promised could not be provided or
completed by the scheduled closing date of the merger, January 1, 2009; that
the merger should close as scheduled, and that the Corporation can rely on
the Fed and Treasury to complete and deliver the promised support by
January 20, 2009, the date scheduled for the release of earnings by the
Corporation."
The Board Minutes further state that the "Board clarify[ied] that is [sic] was
not persuaded or influenced by the statement by the federal regulators that
the Board and management would be removed by the federal regulators if the
Corporation were to exercise the MAC clause and failed to complete the
acquisition of Merrill Lynch."
Following the Cuomo letter to congress the Global Economic Trends blog issued a
posting that gained wide spread distribution and responses (Exhibit 7):
LET THE CRIMINAL INDICTMENTS BEGIN: PAULSON, BERNANKE,
LEWIS
New York State Attorney General Andrew Cuomo's letter to the SEC and
Senate Banking Committee on the Bank of America, Merrill Lynch
Merger provides strong evidence of coercion to commit securities fraud by
former Treasury Secretary Paulson and Fed Chairman Ben Bernanke, and
actual securities fraud by Bank of America CEO Kenneth D. Lewis.

Coercion To Commit Securities Fraud

-23-
It's crystal clear from the letter that a strong case can be made that Paulson
and Bernanke coerced Lewis to carry out a merger agreement that was not in
Bank of America's shareholders best interest. Lewis arguably did so only to
save his own job and the board.

Flashback Monday, September 15, 2008
I called this correctly at the time. Please consider Market Votes "No
Confidence" In Merrill, Bank of America Merger.
“There was no pressure from regulators, absolutely no pressure,” said Mr
Lewis, who described the deal as “the strategic opportunity of a lifetime”. He
said: “The first contact came on Saturday morning and we put the transaction
together in 48 hours. The instant we talked it made sense.”
My Translation:
"The pressure from the Fed was enormous. Anyone in their right mind knows
this deal makes no sense to Bank of America".
....
Please note that Cuomo's letter states "In an interview with this Office,
Secretary Paulson largely corroborated Lewis's account. "
As far as I am concerned, Paulson just pleaded guilty. I do not care what
Paulson's reasons were, no one is above the law.
Let the criminal indictments begin: Paulson, Bernanke, and Lewis.

///

///

L. Cover-up of criminal conduct is not the right remedy for the ailing economy. What
is required is restoration of confidence in integrity of U.S. financial institutions,
markets, regulators, and the courts through enforcement of the law. The cover-up is
not fooling anybody, either at home, or abroad!
Restoration of investors’ confidence at home – and even more so abroad, in the
integrity of U.S. financial institutions, regulatory agencies, and law enforcement is
quintessential for recovery. The conduct described in instant petition is a recipe for future
economic disaster!
The large-scale experiment in deregulation, undertaken at the expense of the U.S.
taxpayer in the past decade, is recognized by most reasonable persons as a monumental
public policy failure - from Enron to Countrywide and beyond. It allowed the defrauding of

-24-
U.S. tax-payers, American homeowners, and workers world-wide. It threatens to decimate
the home-owning American Middle-Class. The epilogue of this failed experiment – the Bush
administration's sponsored and/or coerced mergers and consolidations in its waning days,
such as Merrill-Lynch/BAC and Countrywide/BAC, combined with waiver of growth limits
for BAC, alleged cover-up of past criminality of financial institutions such as Countrywide,
which fails to convince investors either at home or abroad, and documented as well as alleged
a priori immunities for further criminality by BAC, all stand contrary to the law, contrary
to any reasonable public policy, and contrary to prudent regulations promulgated in the wake
of the Great Depression.
Combined, such poisonous concoction appears as the recipe for a looming economic disaster
on a grander scale, and further undermines the rule of law and Civil Rights guaranteed in the
Amendments as well as Human Rights guaranteed as part of ratified International Law in the
Universal Declaration of Human Rights.

Dated: May 16, 2009 Respectfully submitted, by:

BY:_________________
JOSEPH H ZERNIK
PRO SE PETITIONER
Joseph Zernik
1853 Foothill Blvd
LV, CA 91750
Tel: (310) 435 9107
Fax: (801) 998 0917
jz12345@earthlink.net

-25-
VII.
STATEMENT OF VERIFICATAION

I, Joseph H Zernik, have written and re-read the foregoing:


VERIFIED NOTICE #1 OF SUPPORTING RECORDS

I know the content thereof to be true and correct. It is true and correct based on my
own personal knowledge, except as to those matters therein stated as based upon information
and belief, and as to those matters, I believe them to be true and correct as well.
The exhibits provided with this complaint under Exhibit 1 through Exhibit 12, as
listed in Section: II, List of Exhibits, above, are true and correct copies of records in my
possession, or records downloaded from the web, except for advertising that was redacted
where indicated.
I make this declaration that the foregoing is true and correct under penalty of perjury
pursuant to the laws of the United States.
Executed here in La Verne, County of Los Angeles on this 16th day in May, 2009.

_____________________
JOSEPH ZERNIK
pro se Plaintiff

-26-
VIII.
PROPOSED ORDER

-27-
UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA

CASE NO. 1:09-cv-00805


ZERNIK,
Petitioner
PROPOSED ORDERS
vs.

MELSON ET AL. 1) REQUEST FOR


INCORPORATION BY
Respondent
REFERENCE AND
2) REQUEST FOR JUDICIAL
NOTIC

THE COURT has read Plaintiff’s requests and considered Plaintiff’s requests:

1) Request for Incorporation by Reference is ____ Granted

____ Denied

2) Request for Judicial Notice is ____ Granted

____ Denied

SO IT IS ORDERED!

DATED: May _________, 2009

_________________________

Judge of the U.S. District Court


District of Columbia

-28-
IX.
EXHIBITS

-29-
z May 15, 2009

Exhibit 1
January 8, 2008 NYT Report

Exh p30/264
Dl[;(tally SIQned by Joseph
ZW'lI.
" 0,\1. cn..Joseph Zernll(,
) ,..-=+.~:~~ trTIaH'~jz12345@I!arthlink..
UMI,{;;~US
Date: 2008.01.09 01 ;Oot;4Q
-(lll'OC'<

Joseph Zemik DMD PhD 2415 Samt George St Los f-eh7 CA ~10027 Fax' (801) '?9R¥091/ E'T181! j7 ~~' 3451~:~,~Grthlnk,nel

January 8,2008

Lender Tells Judge It 'Recreated' Letters


By GRETCHEN MORGENSON

The Countrywide Financial Corporation fabricated documents related to the banknlptcy


case of a Pennsylvania homeowner, court records show, raising new questions about the
business practices of the giant mortgage lender at the center of the subprime mess.

The documents - three letters from Countrywide addressed to the homeowner -


claimed that the borrower owed the company $4,700 because of discrepancies in escrow
deductions. Countrywide's local counsel described the letters to the court as "recreated,"
raising concern from the federal bankruptcy judge overseeing the case, Thomas P.
Agresti.

"These letters are a smoking gun that something is not right in Denmark," Judge Agresti
said in a Dec. 20 hearing in Pittsburgh.
The emergence of the fabricated documents comes as Countrywide confronts a rising tide
of complaints from borrowers who claim that the company pushed them into risky loans.
The matter in Pittsburgh is one of 300 bankruptcy cases in which Countrywide's practices
have come under scrutiny in western Pennsylvania.

Judge Agresti said that discovery should proceed so that those involved in the case,
including the Chapter 13 trustee for the western district of Pennsylvania and the United
States trustee, could determine how Countrywide's systems might generate such
documents.

A spokesman for the lender, Rick Simon, said: "It is not CouIlt:ryvlide's policy to ereate or
'fabricate' any documents as evidence that they were sent if they had not been. We believe
it will be shown in further discovery that the Countrywide bankruptcy technician who
generated the documents at issue did so as an efficient way to convey the dates th.e escrow
analyses were done and the calculations of the payments as a result of the analyses."
The documents were generated in a case involving Sharon Diane Hill, a homeowner in
Monroeville, Pa. Ms. Hill filed for Chapter 13 bankruptcy protection in March 2001 to try
to save her home from foreclosure.

After meeting her mortgage obligations under the 6o-month bankruptcy plan, Ms" l-lill's
case was discharged and officially closed on March'9, 2007. C';ountrywide, the servicer on

Exh p31/264
• Page 2 January 9, Z008

her loan, did not object to the discharge; court records from that date show she was
current on her mortgage.
But one month later, Ms. Hill reeeived a notice of intention to foreclose from
Countrywide, stating that she was in d.efault and owed the company $4,166.

Court records show that the amount claimed by Countrywide was from the period during
which Ms. Hill was making regular payments under the auspices of the bankruptcy court.
They included "monthly charges" totaling $3,840 from November 2006 to April 2:007,
late charges of $128 and other charges of almost $200.
A lawyer representing Ms. Hill in her bankruptcy case, Kenneth Steidl, of Steidl and
Steinberg in Pittsburgh, wrote Countrywide a few weeks later stating that Ms. Hill had
been deemed current on her mortgage during the period in question. But in May,
Countrywide sent Ms. Hill another notice stating that her loan was delinquent and
demanding that she pay $4,715.58. Neither Mr. Steidl nor Julia Steidl, who has also
represented Ms. Hill, returned phone calls seeking comment.
Justifying Ms. Hill's arrears, Countrywide sent her lawyer copies of three letters on
company letterhead addressed to the homeowner, as well as to Mr. Steidl and Ronda J.
Winnecour, the Chapter 13 trustee for the western district of Pennsylvania.

The Countrywide letters were dated September 2003, October 2004 and March 2007
and showed changes in escrow requirements on Ms. Hill's loan. "This letter is to advise
you that the escrow requirement has changed per the escrow analysis completed today,"
each letter began.
But Mr. Steidl told the court he had never received the letters. Furthennore, he noticed
that his address on the first Countrywide letter was not the locahon of his office at the
time, but an address he moved to later. Neither did the Chapter 13 tnlstee's office have
any record of receiving the letters, court records show.
When Mr. Steidl discussed this with Leslie E. Puida, Countrywide's outside counsel on
the case, he said Ms. Puida told him that the letters had been "recreated" by Countrywide
to reflect the escrow discrepancies, the court transcript shows. During these discussions,
Ms. Puida reduced the amount that Countrywide claimed Ms. Hill owed to $1,500 from
$4,700.

Under questioning by the judge, Ms. Puida said that "a proeessor" at Countrywide had
generated the letters to show how the escrow discrepancies arose. "They were not offered
to prove that they had been sent," Ms. Puida said. But she cI180 said, under questioning

Exh p32/264
• Page 3 January 9, ~~008

from the court, that the letters did not carry a disclaimer indicating that they were not
actual correspondence or that they had never been sent.

A Countrywide spokesman said that in bankruptcy cases, Country\vide's automated


systems are sometimes overridden, 'with technicians making manual adjustm{;~nts "to
comply with bankruptcy laws and the requirements in the jurisdiction in which a
bankruptcy is pending." Asked by Jrudge Agresti why Count1}"vide would go to the
trouble of "creating a letter that was never sent," Ms. Puida, its lawyer" said she did not
know.

"I just, I can't get over what I'm being told here about these recreations," Judge Agresti
said, "and what the purpose is or was and what was intended by them."
Ms. Hill's matter is one of 300 bankruptcy cases involving Countrywide that have come
under scrutiny by Ms. Winnecour, the Chapter 13 trustee in Pittsburgh. On Oct. 9, she
asked the court to sanction Countryvvide, contending that the company had lost or
destroyed more than $500,000 in checks paid by homem-vners in bankmptey from
December 2005 to April 2007.
Ms. Winnecour said in court filings that she was concerned that even as Countl)'\\'ide had
misplaced or destroyed the checks, it levied charges on the borrowers, including "late fees
and legal costs. A spokesman in her office said she would not eomment on the Hill case.
O. Max Gardner III, a lawyer in North Carolina who represents troubled borrowers, says
that he routinely sees lenders pursue borrowers for additional money after their
bankruptcies have been discharged and the courts have determined that the default has
been cured and borrowers are current. Regarding the Hill matter, Mr. Gardner said: "The
real problem in my mind when reading the transcript is that Countrywide's lawyer could
not explain how this happened."

Exh p33/264
z May 15, 2009

Exhibit 2
Transcript of December 20, 2007 from
Case of Borrower Sharon Diane Hill

Exh p34/264
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF PENNSYLVANIA

IN RE: . Case No. 01-22574


.
.
SHARON DIANE HILL, .
. USX Tower - 54th Floor
. 600 Grant Street
. Pittsburgh, PA 15219
Debtor, .
. December 20, 2007
. . . . . . . . . . . . . . . . 2:47 p.m.

TRANSCRIPT OF STATUS CONFERENCE


BEFORE HONORABLE THOMAS P. AGRESTI
UNITED STATES BANKRUPTCY COURT JUDGE

APPEARANCES:

For the Debtor: Steidl & Steinberg


By: JULIA STEIDL, ESQ.
Suite 2830 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219

For Countrywide Home Loan, LESLIE E. PUIDA, ESQ.


Inc.: Mellon Independence Center
Suite 5000
701 Market Street
Philadelphia, PA 19106-1532

Audio Operator: Cathy Younker

Proceedings recorded by electronic sound recording, transcript


produced by transcription service.
_______________________________________________________________

J&J COURT TRANSCRIBERS, INC.


268 Evergreen Avenue
Hamilton, New Jersey 08619
E-mail: jjcourt@optonline.net

(609) 586-2311 Fax No. (609) 587-3599

Exh p35/264
2

APPEARANCES (Cont'd.):

For the U.S. Trustee: Office of the U.S. Trustee


By: NORMA HILDENBRAND, ESQ.
1001 Liberty Avenue
960 Liberty Center
Pittsburgh, PA 15222

For the Chapter 13 Trustee: Babst, Calland, Clements & Zomnir


P.C.
By: DAVID W. ROSS, ESQ.
MARK A. LINDSAY, ESQ.
Two Gateway Center
Pittsburgh, PA 15222

Exh p36/264
3

1 THE COURT: All right. The next matter before the

2 Court is the matter of Sharon Hill, Case Number 01-22574. This

3 is a status conference on a motion to enforce discharge. Would

4 counsel please come forward and enter your appearances?

5 MS. STEIDL: Julie Steidl for the debtor.

6 MS. PUIDA: Leslie Puida on behalf of Country --

7 THE COURT: All right. Anybody else?

8 MS. PUIDA: Leslie Puida on behalf of Countrywide.

9 THE COURT: Okay. Anybody else?

10 MS. HILDENBRAND: Norma Hildenbrand on behalf of the

11 United States Trustee, Your Honor.

12 MR. ROSS: David Ross and Mark Lindsay on behalf of

13 the Chapter 13 Trustee, Your Honor.

14 THE COURT: Anybody else?

15 (No verbal response)

16 THE COURT: Okay. Attorney Puida, you can have a

17 seat. Now I know why you're here. All right. That's -- okay.

18 Attorney Steidl, do you want to tell me about, first of all,

19 your motion and where we are with this?

20 MS. STEIDL: Our client, Ms. Hill, went through her

21 bankruptcy. She did everything right. She made all of her

22 payments. The application for approval of completion was

23 filed. Nobody objected. An order was -- default ordered was

24 granted. An order discharging the debtor was signed. A filing

25 report and accounting was signed, and then when she started to

J&J COURT TRANSCRIBERS, INC.


Exh p37/264
4

1 make payments on her own, Countrywide sent them back and said

2 that they wouldn't take them, because she was in default, and

3 that was immediately after she was discharged that that

4 started.

5 In the process of going back and forth Countrywide

6 did supply us with a loan history. They also supplied me with

7 some letters that I didn't understand, but I spoke to Attorney

8 Puida about it, and she explained to me that there are three

9 letters in my file, all with different dates, where they're

10 saying Countrywide's mortgage went up during the process of the

11 plan.

12 The first letter is dated September of '03 that talks

13 about the first increase. The problem with that is we weren't

14 in our offices in '03. We were at a whole different address,

15 and our carbon copy is to Ken Steidl at the new address where

16 we are now, which we weren't then. And she explained to me

17 that --

18 THE COURT: Wait a minute. Wait a minute. Hold it.

19 Wait a minute. You're saying that you -- there's a letter

20 dated 2003 at a certain address that you weren't in until a

21 subsequent time?

22 MS. STEIDL: Yes, sir.

23 THE COURT: Yet this is a letter that was represented

24 to acknowledge or support the first change notice on this

25 property?

J&J COURT TRANSCRIBERS, INC.


Exh p38/264
5

1 MS. STEIDL: Yes, sir. The letter was dated

2 September 22nd, 2003, directed toward my client, carbon copied

3 to Ronda Winnecour and Ken Steidl at the Gulf Tower address,

4 but on September 22nd, 2003, we were at 210 Grant Street. So I

5 just asked Ms. Puida to explain the two, because I didn't

6 understand the discrepancy, and she told me that these letter

7 that they sent -- they sent three -- are recreation letters.

8 They're not the first letter that was sent. They're just --

9 THE COURT: What is a -- never heard of a recreation

10 letter. That's a letter that they don't have, and now they've

11 recreated to support the allegation that they actually sent a

12 prior letter?

13 MS. STEIDL: Well, that would be how it sounds. I

14 don't mean to mis-characterize it, but that's how it sounds.

15 All of these letters were -- there are three of them, and they

16 were all recreated.

17 THE COURT: All recreated letters.

18 MS. STEIDL: That's one in '03, one in '04, and one

19 in '05.

20 THE COURT: Okay. That's pretty interesting. Go

21 ahead.

22 MS. STEIDL: Okay, so --

23 THE COURT: Well, what were the letters purportedly

24 to represent or offer?

25 MS. STEIDL: The change -- apparently, some of the

J&J COURT TRANSCRIBERS, INC.


Exh p39/264
6

1 problem was, according to Countrywide, that the loan amounts

2 changed with escrow changes, because she doesn't have a

3 variable rate. It's a fixed rate. So the first letter in

4 September 22nd, 2003, and we didn't move to our new office

5 until October 27th, so there's like a six-week difference

6 there. And it says, "This letter is to advise you that the

7 escrow requirement has changed per the escrow analysis. The

8 amount of the escrow is now this, 2235.07," and it goes on to

9 explain about the escrow. And then it says that they're

10 raising her monthly mortgage payment to 603 from approximately

11 500. We didn't get that letter.

12 THE COURT: All right. Let me -- you said the other

13 two are recreation letters, too. It's not the same -- how do

14 you know that? Based on a same address issue or for other

15 reasons?

16 MS. STEIDL: No, Ms. Puida told me.

17 THE COURT: All right.

18 MS. STEIDL: She said that they put them into

19 evidence when it happened, so we could understand that it

20 happened. That they were recreated.

21 THE COURT: Oh, that's nice. All right, but -- and

22 they allege that they actually sent these letters at one time,

23 but they don't have the originals? Is that it?

24 MS. STEIDL: You would have to ask her. I didn't go

25 that far.

J&J COURT TRANSCRIBERS, INC.


Exh p40/264
7

1 THE COURT: So that hasn't been -- that -- all right.

2 I will ask her. Yes, that's interesting. Go ahead.

3 MS. STEIDL: And then today when we were talking, she

4 said that she was kind enough to lower what she want -- what

5 Countrywide wanted by some number.

6 THE COURT: All right. Let me stop. Let me stop you

7 there. You said that there was a final -- after the Trustee

8 filed its final account and report and a discharge order was --

9 our standard discharge order was entered in the normal course?

10 MS. STEIDL: Yes, sir, in March of '07.

11 THE COURT: All right. Does that discharge order

12 have language in it that says that the loans -- the secured

13 loans, mortgages, whatever are current as of the date of the

14 last distribution of the Trustee?

15 MR. STEIDL: It does.

16 THE COURT: So why is Countrywide even making a claim

17 for pre-discharged claims in light of that discharge order?

18 MS. STEIDL: I don't know how to answer that, Your

19 Honor.

20 THE COURT: All right. I mean you got Attorney Puida

21 agreeing to change the amounts, but it sounds like that Court

22 order, which I assume became final and no objection was filed,

23 already says that Countrywide's current.

24 MS. STEIDL: Yes, sir.

25 THE COURT: Okay. Go ahead.

J&J COURT TRANSCRIBERS, INC.


Exh p41/264
8

1 MS. STEIDL: And the amount has dropped now to 15

2 hundred, because they audited it. It didn't start as a

3 Countrywide loan. It started as a Mellon Bank loan. It was

4 then transferred to Countrywide, and Countrywide apparently

5 audited payments made to Mellon Bank, and they knocked it down

6 to about half -- a little more than half. But I'm wondering if

7 there might be other payments that didn't get knocked down, and

8 we don't have anything regarding that. So as far as the status

9 conference part of this goes, I would like to have discovery,

10 so we could see --

11 THE COURT: All right. Let me stop you. It's been

12 represented that this case was in a settlement posture. Is

13 that an --

14 MS. STEIDL: From a -- my client doesn't -- well, it

15 was in a settlement posture at 33 hundred dollars. Now it's 15

16 hundred dollars, but --

17 THE COURT: I'm not sure what -- all right. Tell me.

18 It was represented by Countrywide at another hearing, which did

19 involve this matter and nine other cases, that this particular

20 -- unless I misunderstood, and I might have, but I was under

21 the impression -- and I believe Attorney Connick (phonetic)

22 represented that this matter was going away, because it was

23 settled. Are you now backing off a settlement, or did you ever

24 have a settlement to begin with, or -- tell me about that.

25 MS. STEIDL: We did not -- our client did not approve

J&J COURT TRANSCRIBERS, INC.


Exh p42/264
9

1 any kind of settlement, and when we sent it to her for

2 approval, she did not want it. She didn't want a settlement.

3 She --

4 THE COURT: So there was a settlement offer on the

5 table, but it had never been approved by your client.

6 MS. STEIDL: Correct.

7 THE COURT: All right. Well, that explains why I've

8 never seen a motion to settle this case then. I was wondering

9 what happened. I assumed -- right?

10 MS. STEIDL: Correct.

11 THE COURT: All right. Okay. I think I understand.

12 Attorney Puida, what is going on here? I mean I guess there's

13 a couple things on the table I need to know about. What are

14 these recreated letters all about?

15 MS. PUIDA: Your Honor, the letters --

16 THE COURT: How about -- could you -- would you mind

17 remaining seated and speak into that microphone? I can't hear

18 you. Otherwise, or if you stand -- some lawyers are more

19 comfortable standing. Make sure you bend over and talk into

20 the microphone. Okay?

21 MS. PUIDA: I'm sorry, Your Honor. Is this better?

22 THE COURT: Yes, that's fine as long as you're

23 comfortable.

24 MS. PUIDA: Your Honor, regarding the letters, they

25 were never held out to be letters that were sent notifying any

J&J COURT TRANSCRIBERS, INC.


Exh p43/264
10

1 one of the payment changes. They were purely generated -- what

2 happens is, is they were generated based on what the payments

3 were in 2003, 2004, and 2007.

4 THE COURT: When were they generated?

5 MS. PUIDA: They were generated when we first were in

6 settlement negotiations with Mr. Steidl regarding this case.

7 There was a question as to what the payments were at various

8 times within the bankruptcy. So we -- they were not offered to

9 prove that they had been sent. They were merely showing what

10 the breakdown was of the PMI and escrow at those various points

11 in time.

12 THE COURT: Who created these letters?

13 MS. PUIDA: A processor at Countrywide.

14 THE COURT: Does it say anything on the letters

15 themselves that has a disclaimer that these are not actual

16 letters sent or simply used to show if a letter had been sent

17 what the payment would've been at the time in question?

18 MS. PUIDA: No, it does not.

19 THE COURT: Boy, that's a strange one. I don't know.

20 Why would you -- when did you disclose that these letters were

21 not what they purported to be but, in fact, were just memoranda

22 of an event created years after the event in order to document

23 the event?

24 MS. PUIDA: Throughout my discussions with Mr. Steidl

25 when we were trying to resolve this matter.

J&J COURT TRANSCRIBERS, INC.


Exh p44/264
11

1 THE COURT: From the very beginning you sent him

2 copies of letters, and you described the fact --

3 MS. PUIDA: I had --

4 THE COURT: Go ahead.

5 MS. PUIDA: I'm sorry, Your Honor. We had been

6 providing him with payment histories, escrow analyses,

7 breakdowns of all of the escrow that had been advanced

8 throughout the case. It was just one of various things that

9 were being sent to him just showing what the case status was at

10 the time the discharge was entered, what the status is now, and

11 what we were showing as being due on the loan.

12 THE COURT: All right. Now, you know, you're here

13 representing your client. I want to -- you know, it's -- I

14 want you to be totally candid with me, because I'm going to ask

15 these questions of Mr. Steidl as well at some point.

16 Obviously, it looks like we have to, because this concerns me.

17 I'm having trouble with these recreated letters that purport to

18 be sent to a number of parties at a date -- prior date well

19 into the past and created at a subsequent date to show or

20 represent, at least at first blush, the state of a record which

21 didn't really exist as such. When was Mr. Steidl informed by

22 you or anyone at Countrywide, to your knowledge, that these

23 letters are not what they would purport to be on a cold reading

24 and view if received in a packet of papers?

25 MS. PUIDA: Your Honor, I wouldn't be able to give

J&J COURT TRANSCRIBERS, INC.


Exh p45/264
12

1 you an exact date. I had a conversation with Mr. Steidl where

2 he indicated that he had never received the letter. He had

3 checked his file, and I had told him, well, you wouldn't have,

4 because this was -- these were not sent out. It's just drawing

5 -- the system at Countrywide currently has Mr. Steidl as

6 counsel. He was not counsel when this case was initially

7 filed. It has the Trustee's information in the system, so when

8 they were recreated, it pulled that information in. But the

9 point of the letters was to show what the payment changes were

10 during the course of the bankruptcy.

11 THE COURT: Well, why wouldn't you just show that by

12 an in-house document generated by Countrywide? Why would you

13 go to the steps of creating a letter that never was sent, which

14 appears -- which could be used by a loan processor or somebody

15 at Countrywide when a debtor calls up on their own to find out

16 the background of a loan, and these letters were forwarded on

17 without the benefit of counsel or you and Mr. Steidl talking

18 about post-discharge injunction violations? Why would that

19 type of document ever even be part of this system?

20 MS. PUIDA: Your Honor, I can't speak as to that. I

21 don't know the answer.

22 THE COURT: All right. Anything else? There's no

23 settlement. You've been discussing a proposed resolution, but

24 the --

25 MS. PUIDA: No, we -- Mr. Steidl and I had been

J&J COURT TRANSCRIBERS, INC.


Exh p46/264
13

1 discussing various things. We have been going back and forth,

2 but I was apprised as of Tuesday of a number that was

3 acceptable to the debtor, and then I understand today that

4 there is no number that's acceptable. So there is no

5 settlement at this time.

6 THE COURT: All right. Well, Attorney Steidl --

7 Julie Steidl said they never had the acceptance of the debtor.

8 That it was just passed on to the debtor.

9 MS. PUIDA: Correct. We were --

10 THE COURT: Was your understanding different than

11 that?

12 MS. PUIDA: No, all along Mr. Steidl indicated that

13 he needed his client to sign off on any settlement, and that he

14 had forwarded the documentation to her for review.

15 THE COURT: Okay. All right. Anything else on this

16 issue?

17 MS. PUIDA: No, Your Honor.

18 THE COURT: All right. Attorney Hildenbrand, do you

19 have any comments to make in light of where we're at?

20 MS. HILDENBRAND: Thank you, Your Honor. I was here

21 today in particular to preserve the status quo. As the Court's

22 aware, we have a pending discovery request of Countrywide in

23 the miscellaneous matter, and the issues that were told to the

24 Court today are of grave concern to the United States Trustee.

25 We're not certain where these letters -- these recreated

J&J COURT TRANSCRIBERS, INC.


Exh p47/264
14

1 letters, the purpose of them, and I would just reiterate the

2 United States Trustee's argument that this is even more reason

3 to grant our discovery request in order to in the other case --

4 although I'm not arguing that position today, this is just

5 another example of why the United States Trustee feels that

6 it's important to understand that Countrywide -- to get the

7 information regarding this case as well as the other non-

8 context cases and to allow us to investigate how all this comes

9 about. I appreciate the Court's letting -- giving me an

10 opportunity to speak on that.

11 THE COURT: Well, you've entered an appearance by

12 your appearance today as well as raising this issue in the non-

13 context cases even though we consolidated it under a

14 miscellaneous number for purposes of administrative

15 convenience. In a sense, you have already filed in this case a

16 request for your 2004 exam alleging this particular issue, so I

17 couldn't proceed.

18 And to be honest with you, based on what I -- my

19 understanding prior to today, this case was in settlement

20 posture, and I thought I would be getting a copy of a proposed

21 consent order here. But I see that we're not even close to

22 that, so even more reason not -- I can't do anything today, and

23 it's good we had the status conference to further alert the

24 Court as to the pending issues. Mr. Ross, did you have any

25 comments to the Court?

J&J COURT TRANSCRIBERS, INC.


Exh p48/264
15

1 MR. ROSS: Thank you, Your Honor. Your Honor, the

2 reason I'm present today is --

3 THE COURT: Well, I'm going to stop you right there.

4 Now, typically, we'd turn to Mr. Bedford on Chapter 13 matters.

5 You represent the Trustee in the miscellaneous Number 203,

6 which -- I believe it's 203 with the 293 cases. That was the

7 first miscellaneous. Two 0 four is the second miscellaneous.

8 So really you represent the Trustee, I thought, for the limited

9 purpose of those issues and not necessarily in this case. I

10 thought maybe you were here for purposes of information only

11 possibly, but if Mr. Bedford is deferring to you to represent

12 the Chapter 13 Trustee on this particular matter, then I

13 believe your appearance -- I need some clarification here as to

14 your role versus Mr. Bedford's traditional role on these types

15 of issues.

16 MR. ROSS: Your Honor, I'm here today on behalf of

17 the Trustee. Mr. Bedford is sitting to my right and has

18 deferred to me for purposes of this matter, and I have that

19 authority from Ms. Winnecour.

20 THE COURT: All right. Okay. Mr. Bedford, that's

21 what we're going to do today, and you're out. Okay?

22 MR. BEDFORD: Yes, I understand, Your Honor. And

23 while I do have the file, I'm certainly able to provide any

24 information that Your Honor may wish to have from the file.

25 THE COURT: Well, I appreciate that, but I'm going to

J&J COURT TRANSCRIBERS, INC.


Exh p49/264
16

1 -- you know the rule. There's no tag team lawyering. I just

2 let the one lawyer, and Mr. Ross, you're the man. Go ahead.

3 MR. ROSS: Thank you, Your Honor. Your Honor, as

4 Your Honor stated, we are counsel to the Trustee in the action

5 that consolidated 293 cases. This particular case is one of

6 those actions, and this particular case involves one of the

7 checks the Trustee alleges that Countrywide has misplaced.

8 THE COURT: That's different. That's totally

9 different from this post-injunction -- post-discharge

10 injunction violation.

11 MR. ROSS: Not necessarily, Your Honor. With all due

12 respect, the Trustee's concern in the 293 cases -- one of her

13 concerns has always been the timely application payments. We

14 have a situation in this particular debtor where the Trustee

15 believes that or knows that these three checks have been lost.

16 Two -- checks have been lost twice. There's been a third check

17 issued to Countrywide. Countrywide is now asserting post-

18 confirmation post-discharge that there is an arrearage. The

19 question --

20 THE COURT: But is -- pardon me. Just to cut to the

21 quick here, is it related to a change in escrow amounts --

22 these three changes in escrow amounts as these letters pre --

23 post-created letters reflect, or does it -- your claim in the

24 -- you're wearing the hat for the Chapter 13 Trustee in all

25 matters, but the other -- I don't want to confuse the issues.

J&J COURT TRANSCRIBERS, INC.


Exh p50/264
17

1 The other one related to six or seven checks that weren't

2 cashed much later in time than -- I don't think it -- in my

3 mind -- and I'm not as close to it as you, but the two seem to

4 be unrelated.

5 MR. ROSS: Your Honor, I cannot tell you as a matter

6 of fact that they're not unrelated. They may very well be

7 related. There's two issues, Your Honor, and that's exactly

8 why we're here today. It may be that as a result of these

9 checks being misplaced or mis -- inappropriately applied, that

10 that led to the arrearages.

11 Also, Your Honor, with respect to the three letters

12 that Ms. Steidl has referenced, what I'd like to bring to the

13 Court's attention is that the Chapter 13 Trustee is also

14 referenced as a CC on those letters as well. I reviewed the

15 Trustee's files. I have met with Mr. Bedford. We have not

16 received those letters. Your Honor, the 293 cases are about

17 receipt of payments and timely application. This, Your Honor,

18 is the same issue, and --

19 THE COURT: Well, I don't know if I agree with you on

20 that. It's a similar issue with different facts. Totally

21 different facts from -- I mean they're talking about -- unless

22 you tie it in time -- what's the date of the last letter?

23 Attorney Steidl, what's the date of the most recently recreated

24 letter, 2007?

25 MS. STEIDL: Yes, Your Honor.

J&J COURT TRANSCRIBERS, INC.


Exh p51/264
18

1 THE COURT: All right. Well, maybe it is part of it

2 then. I'm wrong. I thought it was 2003 and 2005, but maybe

3 I'm -- all right.

4 MS. STEIDL: It was 2003, 2004, and 2007.

5 THE COURT: All right. Two thousand seven gets you

6 in the door. All right. Maybe they are related. Go ahead,

7 Mr. Ross.

8 MR. ROSS: Your Honor, at this point we would join in

9 with the debtor's request that we be permitted -- that the

10 Trustee be permitted to conduct discovery. Remember, Your

11 Honor, in this case, as in all Chapter 13 cases that are

12 completed, the Trustee is required to file a final report,

13 which the Trustee did. I think based on a large part on that

14 Trustee's final report this Court entered an order in this case

15 discharging the debtor.

16 From the Trustee's standpoint, if, in fact, the

17 Trustee's records are incorrect, then we would welcome

18 Countrywide to show us why they're incorrect. At this point I

19 think it's the Trustee's responsibility to verify that her

20 report filed in this case is accurate, and based upon that,

21 Your Honor, with respect to the debtor's request to open

22 discovery, we would join in that.

23 With respect to the U.S. Trustee's request, we do not

24 join in with that, because we understand the issues attendant

25 thereto. But with respect to the debtor's request, Your Honor,

J&J COURT TRANSCRIBERS, INC.


Exh p52/264
19

1 we believe that the debtor has the right and it really makes

2 sense with what we've -- what the Court has learned today.

3 THE COURT: Well, there's definitely a need for

4 discovery here. These letters are a smoking gun that something

5 is not right in Denmark. I just -- I can't get over what I'm

6 being told here about these recreations and what the purpose is

7 or was and what was intended by them. It just -- I don't see

8 any credible reason for doing that other than to create a

9 perception that notices were timely sent. But maybe there is,

10 and that's why there's a need for discovery, obviously.

11 Attorney Puida, anything -- any response here?

12 MS. PUIDA: Yes, Your Honor. Again, the -- we were

13 doing nothing more than providing counsel with a history of

14 what escrow was received and payments during the course of the

15 bankruptcy, what was paid out, what difference between the two

16 there may have been. The letters again were never offered as

17 being something that was sent out to debtor's counsel or to the

18 Trustee. It was just a starting point to show this is the

19 breakdown for that particular year's escrow.

20 THE COURT: All right. I appreciate that. This is

21 your understanding of what you did, but when I asked some

22 rather pointed questions to further explain the purpose behind

23 these letters, you couldn't respond. You could not answer, and

24 I can appreciate that, and that's just more reason why there

25 has to be some discovery here to find out what is going on and

J&J COURT TRANSCRIBERS, INC.


Exh p53/264
20

1 why it was done, because that will determine -- you know, if it

2 can't otherwise be settled or resolved, that will be an item of

3 concern for this Court in assessing the appropriate damage or

4 remedy. So it's highly, extremely relevant, and important for

5 a decision in this matter, so I'm going to -- Attorney Steidl,

6 how much time do you need?

7 MS. STEIDL: Sixty days.

8 THE COURT: All right. I'm going to grant -- I'm

9 going to schedule an evidentiary hearing on this matter. I'll

10 issue a general pretrial order, so that discovery can commence

11 for a 60-day period, and I assume there's no problem with that

12 from Chapter 13 Trustee?

13 MR. ROSS: No, Your Honor. Would the Chapter 13

14 Trustee have the ability to be part of the discovery?

15 THE COURT: Absolutely. Absolutely. Yes, you're a

16 party in interest as will the U.S. Trustee. This -- I mean

17 you're all involved in this case. The U.S. Trustee's entitled

18 to be heard and involved in any matter pending before the

19 Court, and in a very broad reading of the statute even raise

20 matters. We still haven't determined that, but definitely. We

21 have a proceeding in progress here that even Countrywide in the

22 related matters admitted that the Trustee had the right to be

23 heard and involved -- the U.S. Trustee. Definitely, a Chapter

24 13 Trustee. Countrywide's admitted that in related matters.

25 Definitely, the debtor.

J&J COURT TRANSCRIBERS, INC.


Exh p54/264
21

1 And the Court's concerned about this. The Court's

2 very concerned. Again, I'm totally surprised at what I'm

3 hearing. I didn't anticipate this at all today, but it's

4 definitely a matter that needs to be vetted further through

5 discovery and assuming a resolution cannot otherwise be had.

6 All right. I'll issue the order. We'll have an

7 evidentiary hearing to be scheduled according to the Court's

8 schedule. I'll have to be down there for that I assume, and

9 we'll go forward, and I'll issue that order in -- probably by

10 tomorrow. Definitely by tomorrow. I doubt if it will be

11 today, but we'll issue a standard pretrial order in this

12 matter. All right. Anything else? Anything else, counsel?

13 MS. STEIDL: That's all.

14 THE COURT: All right. Thank you. We'll recess.

15 THE CLERK: All rise.

16 * * * * *

17 CERTIFICATION

18 I, PATRICIA C. REPKO, court approved transcriber,

19 certify that the foregoing is a correct transcript from the

20 official electronic sound recording of the proceedings in the

21 above-entitled matter to the best of my ability.

22

23 /s/ Patricia C. Repko Date: January 3, 2008


24 PATRICIA C. REPKO
25 J&J COURT TRANSCRIBERS, INC.

J&J COURT TRANSCRIBERS, INC.


Exh p55/264
z May 15, 2009

Exhibit 3
Pacer Docket of Case of Borrower
Sharon Diane Hill
Exh p56/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

DISCHARGED, REOPENED

U.S. Bankruptcy Court


WESTERN DISTRICT OF PENNSYLVANIA (Pittsburgh)
Bankruptcy Petition #: 01-22574-JAD
Date filed: 03/19/2001
Assigned to: Judge Jeffery A. Deller Date reopened: 08/08/2007
Chapter 13 Debtor discharged: 03/16/2007
Voluntary
Asset

Debtor disposition: Standard Discharge

Debtor represented by Donald R. Calaiaro


Sharon Diane Hill Calaiaro & Corbett, P.C.
43 A Garden City Drive Grant Building, Suite 1105
Monroeville, PA 15146 310 Grant Street
SSN / ITIN: xxx-xx-0972 Pittsburgh, PA 15219-2230
412-232-0930
Fax : 412-232-3858
Email:
dcalaiaro@calaiarocorbett.com

Kenneth Steidl
Steidl & Steinberg
Suite 2830 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
412-391-8000
Email: jsteidl1356@hotmail.com

Robert O Lampl
960 Penn Avenue, Suite 1200
Pittsburgh, PA 15222
412-392-0330
Fax : 412-392-0335
Email: rol@lampllaw.com

Trustee represented by David W. Ross


Ronda J. Winnecour Babst, Calland, Clements &
Suite 3250, USX Tower Zomnir, P.C.
600 Grant Street Two Gateway Center, 8th Floor
Pittsburgh, PA 15219 Pittsburgh, PA 15222
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 1/64
Exh p57/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Pittsburgh, PA 15219 Pittsburgh, PA 15222
412-471-5566 412-394-5400
Email: dross@bccz.com

U.S. Trustee represented by Leonard J. DePasquale


Office of the U.S. Trustee Executive Office for U.S. Trustee
1001 Liberty Avenue 20 Massachusetts Avenue, N.W
Suite 970 Washington, DC 20530
Pittsburgh, PA 15222 202-305-2506
Fax : 202-307-2397

Norma Hildenbrand, on Behalf


of the United States Trustee by
Office of the United States
Trustee
Suite 960 Liberty Center
1001 Liberty Avenue
Pittsburgh, PA 15222
Email:
Norma.L.Hildenbrand@usdoj.gov

Patrick S. Layng
Executive Office for U.S. Trustees
219 S. Dearbord St.
Suite 873
Chicago, IL 60604
(312)353-9297
Fax : (312)886-5794
Email: PAT.S.Layng@usdoj.gov

Filing Date # Docket Text

Voluntary Petition Under Chapter 13 missing documents: Summary


of Schedules Schedule A-J Declaration Statement of Financial
Affairs Proof of Income Matrix Due on 4/3/01; Chapter 13 Plan
and Summaries due on 4/3/01; Proof of Claim (gov) Deadline:
9/17/01; Filing Fee $ 0.00 Receipt # 39400 (gamr) (Entered:
03/19/2001 1 03/19/2001)

Notice to Individual Consumer Debtor(s). (gamr) (Entered:


03/19/2001 2 03/19/2001)

03/19/2001 3 Notice Regarding Deficient Filings. (gamr) (Entered: 03/19/2001)

Certificate of Commencement of Case. Receipt # NFR. (gamr)


ecf.pawb.uscourts.gov/…/DktRpt.pl?… 2/64
Exh p58/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
03/19/2001 4 (Entered: 03/19/2001)

Order to Pay Filing Fee in Installments; Final Installment Payment


03/19/2001 5 Due on 7/17/01 (gamr) (Entered: 03/19/2001)

Courts BNC Certificate of Service Re: [5-1] Order . # of Notices:


03/21/2001 3 were sent out. (auto) (Entered: 03/22/2001)

Motion By Debtor Sharon Diane Hill To Extend Time To File


Schedules and Statement of Affairs (#EVS-1) . (E. Van Stevenson,
04/03/2001 6 Jr.) (gamr) (Entered: 04/04/2001)

Modified Order signed 04/05/01 Granting [6-1] Motion To Extend


Time To File Schedules and Statement of Affairs (#EVS-1) by
Sharon Diane Hill; Chapter 13 Plan and Summaries due on
4/13/01; Missing Documents due: 4/13/01. No further extensions
will be granted. cm: R. Winnecour and Debtor (gamr) (Entered:
04/05/2001 7 04/05/2001)

04/13/2001 Petition Completed. (gamr) (Entered: 04/16/2001)

Chapter 13 Plan dated 04/12/01 and Summary of Chapter 13


04/13/2001 8 Plan. (S. Hill) (gamr) (Entered: 04/16/2001)

341 Meeting of Creditors Scheduled For 10:00 5/14/01 At 3251


USX Tower, Pittsburgh, PA; Confirmation Hearing Set For 10:00
5/14/01 At 3251 USX Tower, Pittsburgh, PA; Last Day to File
Proofs Of Claim: 8/13/01 # of Schedule Pages = 4 at a cost of: $
04/17/2001 1.20 + Tax (gamr) (Entered: 04/17/2001)

Courts BNC Certificate of Service Re: [0-0] 341 Meeting . # of


04/19/2001 Notices: 16 were sent out. (auto) (Entered: 04/20/2001)

Courts Certificate of Mailing Re: [8-1] Chapter 13 Plan Summary.


04/20/2001 9 ( # of Notices: 16). (llea) (Entered: 04/20/2001)

341 Meeting Not Held on 05/14/01. CONTINUED to 06/18/01


05/16/2001 10 at 9:00 a.m. (gamr) (Entered: 05/21/2001)

341 Meeting of Creditors CONTINUED For 9:00 6/18/01 At


3251 USX Tower, Pittsburgh, PA; Confirmation Hearing
CONTINUED For 9:00 6/18/01 At 3251 USX Tower,
05/16/2001 Pittsburgh, PA (gamr) (Entered: 05/21/2001)

Courts BNC Certificate of Service Re: [0-0] 341 Meeting . # of


ecf.pawb.uscourts.gov/…/DktRpt.pl?… N i 17 ( ) (E d 05/24/2001) 3/64
Exh p59/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
05/23/2001 Notices: 17 were sent out. (auto) (Entered: 05/24/2001)

Notice of Appearance And Request For Service Of Notice By


Mark S. Palmer, Esquire, P.O. Box 2045, Pittsburgh, PA, 15230-
2045, for creditor Duquesne Light Company. (gamr) (Entered:
05/24/2001 11 05/24/2001)

Amended Chapter 13 Plan dated 06/15/01. (gamr) (Entered:


06/15/2001 12 06/15/2001)

341 Meeting And Chapter 13 Plan Confirmation Hearing Held on


06/29/2001 13 6/18/01. (ctak) (Entered: 07/03/2001)

Order Confirming Plan as Modified and Setting Deadlines for


Certain Actions. Re: [12-1] Chapter 13 Amended Plan . cm: All
07/03/2001 14 Parties. (ctak) (Entered: 07/03/2001)

Courts BNC Certificate of Service Re: [14-1] Notice of Modified


Plan Order . # of Notices: 20 were sent out. (auto) (Entered:
07/05/2001 07/06/2001)

Assignment of Claim. Entered into By Creditor Household Finance


Company and Creditor Max Recovery Trust I for the amount of $
08/28/2001 15 8948.75 (jmic) (Entered: 08/29/2001)

Notice of Assignment of Claim. Entered into By Creditor


Household Finance Company and Creditor Max Recovery Trust I.
Objections due by 9/17/01. cm: all parties (jmic) (Entered:
08/28/2001 16 08/29/2001)

Order signed 06/26/02 - Pursuant to the modified confirmation


order dated 07/02/01, the Debtor was directed to file a motion for
wage attachment. It appearing from several docket reviews that the
aforesaid provisions have not been commenced or filed; therefore,
It is Hereby Ordered that Sharon Diane Hill shall file and serve the
aforesaid action(s), file a statement of compliance (if the document
are to be filed in pursuant to L.B.R. 9013.4) or file a letter
explaining why no such action is necessary to complete the plan no
later than 08/14/02. Failure to comply with this order will result in
the dismissal of the case. cm: R. Winnecour and S. Hill (gamr)
06/26/2002 17 (Entered: 06/27/2002)

Motion For Order to Pay Trustee Pursuant to Wage Attachment


(WO-1M) By Debtor Sharon Diane Hill (lall) (Entered:
08/09/2002 18 08/12/2002)
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 4/64
Exh p60/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

Order signed 08/12/02 Granting [18-1] Motion For Order to Pay


Trustee Pursuant to Wage Attachment (WO-1M) by Sharon Diane
08/12/2002 19 Hill. cm: All Parties (gamr) (Entered: 08/13/2002)

Assignment of Claim. Entered into By Creditor Sears, Roebuck &


Co. and Creditor MAX Recovery for the amount of $ 889.47
08/14/2002 20 (lwal) (Entered: 08/15/2002)

Notice of Assignment of Claim. Entered into By Creditor Sears,


Roebuck & Co. and Creditor MAX Recovery. Objections due by
08/14/2002 21 9/4/02. cm: all parties (lwal) (Entered: 08/15/2002)

Assignment of Claim. Entered into By Creditor Sears, Roebuck &


Co. Creditor MAX Recovery and Creditor Sears, Roebuck & Co.
08/14/2002 22 for the amount of $ 872.13 (lwal) (Entered: 08/15/2002)

Notice of Assignment of Claim. Entered into By Creditor Sears,


Roebuck & Co. and Creditor MAX Recovery. Objections due by
08/14/2002 23 9/4/02. cm: all parties (lwal) (Entered: 08/15/2002)

AMENDED Motion For Order to Pay Trustee Pursuant To Wage


Attachment (#WO-1) By Debtor Sharon Diane Hill. (K. Steidl)
08/22/2002 24 (gamr) (Entered: 08/23/2002)

Order Dated 08/23/02 Granting [24-1] Motion For Order to Pay


Trustee Pursuant To Wage Attachment (#WO-1) by Sharon Diane
08/23/2002 25 Hill . cm: Parties in Interest (cyou) (Entered: 08/23/2002)

Now therefore, the Standing Trustee is Hereby Directed to Pay to


the Clerk of Court the unpaid balance due for the filing fee
amounting to $185.00 from the first available funds. If such funds to
pay the filing fee are unavailable, the case will be dismissed as
heretofore ordered. Order Signed on 5/1/2003. cm: Debtor,
05/05/2003 26 Trustee, US Trustee (aala, ) (Entered: 05/06/2003)

BNC Certificate of Mailing - PDF Document. Service Date


05/08/2003 27 05/08/03. (Related Doc # 26 ) (Admin.) (Entered: 05/09/2003)

Receipt of Final Installment Payment. Receipt Number 21692, Fee


05/27/2003 28 Amount $ 185. (aala, ) (Entered: 05/28/2003)

Transfer of Claim. To Countrywide Home Loan, Inc. Filed by


Countrywide Home Loan, Inc., National City Mortgage. (aala, )
06/23/2003 29 (Entered: 06/24/2003)

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 5/64
Exh p61/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

Notice of Transfer of Claim. Entered into by National City


Mortgage and Countrywide Home Loan, Inc. (related document(s)
29 Transfer of Claim). Objections due by 7/14/2003. cm: all
06/24/2003 30 parties (aala, ) (Entered: 06/24/2003)

BNC Certificate of Mailing - PDF Document. Service Date


06/26/2003 31 06/26/03. (Related Doc # 29 ) (Admin.) (Entered: 06/27/2003)

BNC Certificate of Mailing. Service Date 06/26/03. (Related Doc


06/26/2003 32 # 30 ) (Admin.) (Entered: 06/27/2003)

Transfer of Claim. (Claim No.2, Amount 13,737.92); National City


Mortgage Co.(Claim No.11, Amount 4,007.19); National City
Mortgage Co.(Claim No.18, Amount 3,203.70) To Countrywide
Home Loans Filed by Countrywide Home Loan, Inc., National
10/24/2003 33 City Mortgage. (aala, ) (Entered: 10/24/2003)

Notice of Transfer of Claim. Entered into by National City


Mortgage Co. and Countrywide Home Loans. (related
document(s) 33 Transfer of Claim.). Objections due by
10/24/2003 34 11/12/2003. cm: all parties (aala, ) (Entered: 10/24/2003)

BNC Certificate of Mailing - PDF Document. Service Date


10/26/2003 35 10/26/03. (Related Doc # 33 ) (Admin.) (Entered: 10/27/2003)

BNC Certificate of Mailing. Service Date 10/26/03. (Related Doc


10/26/2003 36 # 34 ) (Admin.) (Entered: 10/27/2003)

Administrative Order 2004-1 signed 10-08-2004 by Chief Judge


Judith K. Fitzgerald transferring cases. Judge Thomas P. Agresti
added to case. Involvement of Judge Judith K. Fitzgerald
10/14/2004 37 Terminated (dkan, ) (Entered: 10/14/2004)

Administrative Order 2006-02 signed 01/23/2006 by Judge


Thomas P. Agresti transferring cases. Judge Jeffery A. Deller
added to case. Involvement of Judge Thomas P. Agresti
02/07/2006 38 Terminated (iwen, ) (Entered: 02/07/2006)

Notice of Claims Filed And Intention to Pay Claims (Winnecour,


07/18/2006 39 Ronda) (Entered: 07/18/2006)

Motion to Terminate Wage Attachment. Employer: U.S.


Department Of Agriculture Filed by Debtor Sharon Diane Hill.
(Attachments: # 1 Exhibit # 2 Proposed Order) (Steidl, Kenneth)
01/22/2007 40 (Entered: 01/22/2007)
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 6/64
Exh p62/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

Order Granting Motion to Terminate Wage Attachment (Related


01/24/2007 41 Doc # 40 ) Signed on 1/24/2007. (ddoy, ) (Entered: 01/24/2007)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 41 Order on Motion to Terminate Wage
Attachment). Service Date 01/26/2007. (Admin.) (Entered:
01/26/2007 42 01/27/2007)

Application for Approval of Report of Completion of the Chapter


13 Plan and Trustee's Final Report and Account. Filed by Ronda J.
02/01/2007 43 Winnecour. (Winnecour, Ronda) (Entered: 02/01/2007)

Order Setting Hearing on (RE: related document(s): 43 Trustee's


Application For Approval Of Final Report Of Completion Of
Chapter 13 Plan filed by Trustee Winnecour). Hearing scheduled
for 3/14/2007 at 11:00 AM at p04 Courtroom D, 54th Floor, US
Steel Tower, Pittsburgh. Responses due by 3/7/2007. cm: All
02/02/2007 44 Parties (emar) (Entered: 02/02/2007)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 44 Hearing w/o Forms, ). Service Date 02/04/2007.
02/04/2007 45 (Admin.) (Entered: 02/05/2007)

Default Order Approving Application for Approval of Report of


Completion of the Chapter 13 Plan and Trustee's Final Report &
Account and Administratively Closing Case Signed on 3/9/2007
(RE: related document(s): 43 Chapter 13 Trustee's Appl for Apprv
Rpt of Compl of Chpt 13 Pln and Fnl Rpt and Acct filed by
03/09/2007 46 Trustee Ronda J. Winnecour). (ddoy, ) (Entered: 03/09/2007)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 46 Order Approving Final Report & Account, ).
03/11/2007 47 Service Date 03/11/2007. (Admin.) (Entered: 03/12/2007)

Document also mailed to Kenneth Steidl, ESQ via U. S. Postal


Service (RE: related document(s): 46 Order Approving Final
Report & Account, Signed on 03/09/2007). (ddoy, ) (Entered:
03/12/2007 48 03/12/2007)

Order Discharging Debtor Signed on 3/16/2007 (cric, ) (Entered:


03/16/2007 49 03/16/2007)

BNC Certificate of Mailing. (RE: related document(s): 49 Order


Discharging Debtor). Service Date 03/18/2007. (Admin.) (Entered:
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 7/64
Exh p63/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
03/18/2007 50 03/19/2007)

Amended Chapter 13 Trustee Final Report and Account


04/04/2007 51 (Winnecour, Ronda) (Entered: 04/04/2007)

Addition of Leo T. Rodriguez, 14664 Smith Road, Lockprot, Il,


60441-2361 to Mailing Matrix. (PLEASE NOTE: Original
Address was that of Sears, 45 Congress Street, Salem, MA,
01970-5579, per U.S. Postal Service). (gbro, ) (Entered:
04/09/2007 52 04/09/2007)

Chapter 13 Trustee's Certification of Completion of the Chapter 13


Plan and Final Accounting. (Winnecour, Ronda) (Entered:
05/17/2007 53 05/17/2007)

Order Signed on 5/18/2007 Granting (RE: related document(s): 53


Chapter 13 Trustee's Certification of Completion of the Chapter 13
05/18/2007 54 Plan -batch-). (aala, ) (Entered: 05/18/2007)

05/18/2007 55 Final Decree Signed on 5/18/2007 (aala, ) (Entered: 05/18/2007)

Bankruptcy Case Closed. 20 year disposition (aala, ) (Entered:


05/18/2007 56 05/18/2007)

BNC Certificate of Mailing. (RE: related document(s): 55 Final


Decree). Service Date 05/20/2007. (Admin.) (Entered:
05/20/2007 57 05/21/2007)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 54 Order -Non-motion related-). Service Date
05/20/2007 58 05/20/2007. (Admin.) (Entered: 05/21/2007)

Motion to Enforce Discharge Filed by Debtor Sharon Diane Hill.


(Attachments: # 1 Proposed Order # 2 Exhibit A# 3 Exhibit B# 4
Exhibit C# 5 Exhibit D# 6 Certificate of Service) (Steidl, Kenneth)
06/25/2007 59 (Entered: 06/25/2007)

Motion to Reopen Chapter 13 Case . Receipt Number NFR, Fee


Amount $235. Filed by Debtor Sharon Diane Hill. (Attachments: #
06/27/2007 60 1 Proposed Order) (Steidl, Kenneth) (Entered: 06/27/2007)

Order Setting Hearing on (RE: related document(s): 60 Motion To


Reopen Debtor's Chapter 13 Bankruptcy Case filed by Debtor).
Hearing scheduled for Wednesday, 8/8/2007 at 09:00 AM at p04
Courtroom D, 54th Floor, US Steel Tower, Pittsburgh. Responses
ecf.pawb.uscourts.gov/…/DktRpt.pl?… d b 8/1/2007 K th St idl E ( ) (E t d 8/64
Exh p64/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
due by 8/1/2007. cm: Kenneth Steidl, Esq. (emar) (Entered:
06/29/2007 61 06/29/2007)

BNC PDF Notice Of Order Setting Hearing On Kenneth Steidl,


06/29/2007 62 Esq. [Re: Doc. # 60] (emar) (Entered: 06/29/2007)

Order Setting Hearing on (RE: related document(s): 59 Motion To


Enforce Discharge v. Countrywide Home Loans filed by Debtor).
Hearing scheduled for 8/8/2007 at 09:00 AM at p04 Courtroom
D, 54th Floor, US Steel Tower, Pittsburgh. Responses due by
06/29/2007 63 8/1/2007. cm: Kenneth Steidl, Esq. (emar) (Entered: 06/29/2007)

BNC Certificate of Mailing. (RE: related document(s): 61 Hearing


(Bk) F, Hearing (Bk) F). Service Date 07/01/2007. (Admin.)
07/01/2007 64 (Entered: 07/02/2007)

BNC Certificate of Mailing. (RE: related document(s): 63 Hearing


(Bk) F, Hearing (Bk) F). Service Date 07/01/2007. (Admin.)
07/01/2007 65 (Entered: 07/02/2007)

BNC Certificate of Mailing. (RE: related document(s): 61 Hearing


(Bk) F, Hearing (Bk) F). Service Date 07/01/2007. (Admin.)
07/01/2007 66 (Entered: 07/02/2007)

BNC Certificate of Mailing. (RE: related document(s): 63 Hearing


(Bk) F, Hearing (Bk) F). Service Date 07/01/2007. (Admin.)
07/01/2007 67 (Entered: 07/02/2007)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 62 BNC PDF Notice). Service Date 07/01/2007.
07/01/2007 68 (Admin.) (Entered: 07/02/2007)

Certificate of Service Of Motion To Re-Open Chapter 13 Case


Regarding the Hearing on 8/8/2007. Filed by Debtor Sharon Diane
Hill (RE: related document(s): 60 Motion to Reopen Chapter 13
Case filed by Debtor Sharon Diane Hill, 61 Hearing (Bk) F,
07/09/2007 69 Hearing (Bk) F). (Steidl, Kenneth) (Entered: 07/09/2007)

Certificate of Service Of Motion To Enforce Discharge VS.


Countrywide Home Loans Regarding the Hearing on 8/8/2007.
Filed by Debtor Sharon Diane Hill (RE: related document(s): 59
Motion to Enforce filed by Debtor Sharon Diane Hill, 63 Hearing
07/09/2007 70 (Bk) F, Hearing (Bk) F). (Steidl, Kenneth) (Entered: 07/09/2007)

Amended Certificate of Service For Motion To Enforce


ecf.pawb.uscourts.gov/…/DktRpt.pl?…
Discharge VS Countrywide Home Loans Regarding the Hearing
9/64
Exh p65/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Discharge VS. Countrywide Home Loans Regarding the Hearing
on 8/8/2007. Filed by Debtor Sharon Diane Hill (RE: related
document(s): 70 Certificate of Service, filed by Debtor Sharon
07/12/2007 71 Diane Hill). (Steidl, Kenneth) (Entered: 07/12/2007)

Amended Certificate of Service For Motion To Reopen Chapter


13 Case Regarding the Hearing on 8/8/2007. Filed by Debtor
Sharon Diane Hill (RE: related document(s): 69 Certificate of
Service, filed by Debtor Sharon Diane Hill). (Steidl, Kenneth)
07/12/2007 72 (Entered: 07/12/2007)

Response to Motion to Enforce Discharge Regarding the Hearing


on 08/08/2007. Filed by Countrywide Home Loan, Inc. (RE:
related document(s): 59 Motion to Enforce filed by Debtor Sharon
Diane Hill). (Attachments: # 1 Certificate of Service) (Puida, Leslie)
08/01/2007 73 (Entered: 08/01/2007)

Hearing Held 8/8/07 (RE: related document(s): 60 Motion to


Reopen Chapter 13 Case filed by Debtor Sharon Diane Hill).
08/08/2007 74 Order entered. (iwen, ) (Entered: 08/08/2007)

Order Granting Motion To Reopen Chapter 13 Case (Related Doc


# 60 ) Signed on 8/8/2007. cm: All Parties (iwen, ) (Entered:
08/08/2007 75 08/08/2007)

Hearing Held 8/8/07 (RE: related document(s): 59 Motion to


Enforce filed by Debtor Sharon Diane Hill). Order entered setting
08/08/2007 76 continued hearing. (iwen, ) (Entered: 08/08/2007)

Order Continuing Hearing. (RE: related document(s): 59 Motion to


Enforce filed by Debtor Sharon Diane Hill). Hearing scheduled for
9/19/2007 at 09:00 AM at p04 Courtroom D, 54th Floor, US
Steel Tower, Pittsburgh. cm: Kenneth Steidl, Esq., Leslie Puida,
Esq., Ronda Winnecour, Esq., Office of U.S. Trustee (iwen, )
08/08/2007 77 (Entered: 08/08/2007)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 75 Order on Motion to Reopen Chapter 13 Case).
08/10/2007 78 Service Date 08/10/2007. (Admin.) (Entered: 08/11/2007)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 77 Hearing (Bk) Continued, Hearing (Bk)
Continued). Service Date 08/10/2007. (Admin.) (Entered:
08/10/2007 79 08/11/2007)

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 10/64
Exh p66/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Hearing Held on 9/19/2007. Order entered setting continued
hearing. (RE: related document(s): 59 Motion to Enforce filed by
09/20/2007 80 Debtor Sharon Diane Hill). (mmck, ) (Entered: 09/20/2007)

Order Setting Continued Hearing. Signed on 9/20/2007. (RE:


related document(s): 59 Motion to Enforce filed by Debtor Sharon
Diane Hill). Continued Hearing scheduled for 10/31/2007 at 09:00
AM at p04 Courtroom D, 54th Floor, US Steel Tower, Pittsburgh.
09/20/2007 81 (mmck, ) (Entered: 09/20/2007)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 81 Hearing w/o Forms, ). Service Date 09/22/2007.
09/22/2007 82 (Admin.) (Entered: 09/23/2007)

Motion to Reopen Chapter 13 Case For the Limited Purpose of


Proceeding with the Motion to Compel Countrywide Home
Loans, Inc./fka Countrywide Funding Corp. to Provide Loan
Histories and Imposing Sanctions. Receipt Number NFR, Fee
Amount $235. Filed by Trustee Ronda J. Winnecour.
(Attachments: # 1 Certificate of Service # 2 Proposed Order)
(Winnecour, Ronda)- TERMINATED 10/15/2007 - MOTION
REFILED AT DOC. #85. Modified on 6/4/2008 (emar). (Entered:
10/10/2007 83 10/10/2007)

Motion to Compel Countrywide Home Loans Inc./fka


Countrywide Funding Corp. to Provide Loan Histories and for
Sanctions Filed by Trustee Ronda J. Winnecour. (Attachments: #
1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Certificate of Service # 5
Proposed Order) (Winnecour, Ronda)- TERMINATED
10/15/2007 - MOTION REFILED AT DOC. # 86. Modified on
10/10/2007 84 6/4/2008 (emar). (Entered: 10/10/2007)

Motion to Reopen Chapter 13 Case for the Limited Purpose of


Proceeding with the Motion to Compel Countrywide Home
Loans, Inc./FKA Countrywide Funding Corporation to
Provide Loan Histories and Imposing Sanctions. Receipt
Number NFR, Fee Amount $235. Filed by Trustee Ronda J.
Winnecour. (Attachments: # 1 Certificate of Service # 2 Proposed
10/11/2007 85 Order) (Winnecour, Ronda) (Entered: 10/11/2007)

Motion to Compel COUNTRYWIDE HOME LOANS, INC./FKA


COUNTRYWIDE FUNDING CORPORATION, Motion For
Sanctions Filed by Trustee Ronda J. Winnecour. (Attachments: # 1
Certificate of Service # 2 Proposed Order # 3 Exhibit 1# 4 Exhibit
10/12/2007 86 2# 5 Exhibit 3) (vde13, ) (Entered: 10/12/2007)

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 11/64
Exh p67/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

Modified Order Denying Motion To Reopen Chapter 13 Case as


moot because the case has already been re-opened by prior Order
of The Court. (Related Doc # 85 ) Signed on 10/17/2007. (aala, )
10/17/2007 87 (Entered: 10/18/2007)

Notice Regarding Examination Under Fed.R.Bankr.P 2004 and


Service of Subpoena (Duces Tecum). Filed by U.S. Trustee Office
of the U.S. Trustee (on Behalf of the United States Trustee by,
10/19/2007 88 Norma Hildenbrand,) (Entered: 10/19/2007)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 87 Order on Motion to Reopen Chapter 13 Case).
10/20/2007 89 Service Date 10/20/2007. (Admin.) (Entered: 10/22/2007)

It Is Ordered that the Trustee's Motion to Compel Countrywide


Home Loans, Inc. fka Country Wide Funding Corp. to Provide
Loan Histories and for Sanctions shall be considered at
Miscellaneous Proceeding No. 07-00203-TPA with similar
motions. A status conference concerning the motion is scheduled
for December 5, 2007 at 2:30 P.M. in Courtroom D, 54th Floor,
U.S. Steel Tower, 600 Grant Street, Pittsburgh, PA 15219.
Attorneys who want to receive notice of events in Miscellaneous
Proceeding No. 07-00203-TPA must electronically file a Notice of
Appearance and Request for Notice on the miscellaneous
proceeding docket. The party type of Interested Party should be
chosen when adding a debtor to the miscellaneous proceeding
docket. It Is Further Ordered that Countrywide Home Loans,
Inc. shall file its response to the Trustee's Motion to Compel at the
Miscellaneous Proceeding No. 07-00203-TPA to the allegations
contained in the motion filed at the case of David B. Ellerman, case
no. 00-21994-TPA and that response shall be deemed
simultaneously applicable to this case. This text only entry
constitutes the Court's order and notice on this matter. Judge
Thomas P. Agresti Signed on 10/30/2007 (RE: related
document(s): 86 Motion to Compel,, Motion for Sanctions, filed by
10/30/2007 90 Trustee Ronda J. Winnecour). (aala, ) (Entered: 10/30/2007)

Hearing Held 10/31/2007 (RE: related document(s): 59 Motion to


Enforce filed by Debtor Sharon Diane Hill). Cont. hearing for at
least 30 days, O/E 11/1/2007 setting hearing (lfin, ) (Entered:
11/01/2007 91 11/01/2007)

Order Signed on 11/1/2007. Continuing Hearing. (RE: related


document(s): 59 Motion to Enforce Discharge filed by Debtor
Sharon Diane Hill). Hearing scheduled for 12/12/2007 at 09:00
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 12/64
Exh p68/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
AM at p04 Courtroom D, 54th Floor, US Steel Tower, Pittsburgh.
11/01/2007 92 (lfin, ) (Entered: 11/01/2007)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 92 Hearing (Bk) Continued, Hearing (Bk)
Continued). Service Date 11/03/2007. (Admin.) (Entered:
11/03/2007 93 11/04/2007)

It Is Ordered that the Consolidation Order for Examination


Notices signed 11/2/2007 regarding selected cases in which the
Office of the United States Trustee filed Notice of Examination
Under Fed.R.Bankr.P. 2004 and Service of Subpoena (Duces
Tecum) at Miscellaneous No. 07-00203-TPA is hereby
incorporated by reference. Any and all incidental and/or related
documents to be filed in response to the Notice of Examination
shall be filed solely at Miscellaneous No. 07-00204-TPA. Status
Conference on the Notice of Examination and any Objection or
Motion to Quash is scheduled for November 15, 2007 at 2:00
p.m. in Courtroom D, 54th Floor, U.S. Steel Tower, Pittsburgh,
PA. Attorneys who want to receive notice of events in
Miscellaneous No. 07-00204-TPA must electronically file a Notice
of Appearance and Request for Notice on the miscellaneous
proceeding docket. The party type of Interested Party should be
chosen when adding a debtor to the miscellaneous proceeding
docket. It is Further Ordered that the reopening of this case is
further extended to permit the consideration of the Notice of
Examination Under Fed.R.Bankr.P. 2004 and Service of
Subpoena (Duces Tecum). This Court will retain jurisdiction
through to conclusion of the matters raised in the Notice of
Examination and matters related and/or incidental to the same.
Judge Thomas P. Agresti Signed on 11/5/2007 (kthe, ) (Entered:
11/05/2007 94 11/05/2007)

It Is Ordered that Countrywide's Objection to Notice of


Examination Under Fed.R.Bankr.P. 2004 and Subpoena (Duces
Tecum), and Motion to Quash Notice of Examination Under
Fed.R.Bankr.P. 2004 and Subpoena (Duces Tecum) filed under
Miscellaneous No. 07-00203-TPA are hereby dismissed. If
Countrywide wishes to refile these pleadings it shall do so on or
before November 10, 2007 at Miscellaneous No. 07-00204-
TPA. Judge Thomas P. Agresti Signed on 11/5/2007 (kthe, )
11/05/2007 95 (Entered: 11/05/2007)

Order Transferring Motion to Enforce Discharge v. Countrywide


Home Loans is Transferred to Honorable Thomas P. Agresti;
Vacating and Cancelling Hearing on (RE: related document(s): 59
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 13/64
Exh p69/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Vacating and Cancelling Hearing on (RE: related document(s): 59
Motion to Enforce filed by Debtor Sharon Diane Hill). (dkan, )
11/19/2007 96 (Entered: 11/19/2007)

Order Transferring Motion to Enforce Discharge v. Countrywide


Home Loans is Transferred to Honorable Thomas P. Agresti;
Vacating and Cancelling Hearing on (RE: related document(s): 59
Motion to Enforce filed by Debtor Sharon Diane Hill). (RE: related
document(s): 96 Hearing Cancelled -bk-, 59 Motion to Enforce
11/19/2007 97 filed by Debtor Sharon Diane Hill). (dkan, ) (Entered: 11/19/2007)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 97 Order -Non-motion related-, ). Service Date
11/21/2007 98 11/21/2007. (Admin.) (Entered: 11/22/2007)

Order Setting Status Conference on (RE: related document(s): 59


Motion to Enforce filed by Debtor Sharon Diane Hill). Status
Conference to be held on 12/20/2007 at 02:30 PM at p04
Courtroom D, 54th Floor, US Steel Tower, Pittsburgh. (lwal, )
11/29/2007 99 (Entered: 11/29/2007)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 99 Hearing w/o Forms). Service Date 12/01/2007.
12/01/2007 100 (Admin.) (Entered: 12/02/2007)

Transcript Requested by Norma Hildenbrand for the hearing held


12/20/2007. (RE: related document(s): 99 Hearing w/o Forms, 59
Motion to Enforce filed by Debtor Sharon Diane Hill). (mmck, )
12/21/2007 101 (Entered: 12/21/2007)

Hearing Held on 12/20/07. Standard pretrial (Evidentiary) hearing


(in Pgh) to be scheduled. 60 days for discovery. Chambers to issue
Order.(RE: related document(s): 59 Motion to Enforce filed by
12/21/2007 102 Debtor Sharon Diane Hill). (dkan, ) (Entered: 12/21/2007)

Order Scheduling Evidentiary Hearing Signed on 12/21/2007 (RE:


related document(s): 59 Motion to Enforce filed by Debtor Sharon
Diane Hill, 73 Response, filed by Creditor Countrywide Home
Loan, Inc.). Pre-Trial Conference set for 3/24/2008 at 10:00 AM
at p04 Courtroom D, 54th Floor, US Steel Tower, Pittsburgh.
Expert Reports due by 3/7/2008. Discovery due by 2/22/2008.
12/21/2007 103 (dkan, ) (Entered: 12/21/2007)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 103 Order Scheduling Trial, ). Service Date
12/23/2007 (Admin ) (Entered: 12/24/2007)
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 14/64
Exh p70/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
12/23/2007 104 12/23/2007. (Admin.) (Entered: 12/24/2007)

Exhibit Copies Of Three Recreated Letters Filed by Debtor


Sharon Diane Hill (RE: related document(s): 59 Motion to Enforce
filed by Debtor Sharon Diane Hill, 73 Response, filed by Creditor
Countrywide Home Loan, Inc.). (Attachments: # 1 Certificate of
12/27/2007 105 Service) (Steidl, Kenneth) (Entered: 12/27/2007)

An Order was entered on January 3, 2008 in Misc. Proceeding


07-00203, at Document No. 104, requiring that on or before
January 13, 2008, to the extent any Party in Interest objects to
the appointment of the Mediator, said Party shall file an ''Objection
Based on Conflict of Interest'' pursuant to General Court
Procedure #4, Section 6.3.3. Failure to timely file any such
Objection will result in the waiver of raising the same at any later
time in this matter. Parties are directed to immediately review
Document No. 104 filed in Misc. No. 07-00203, which is
incorporated herein by reference as if fully set forth, for a complete
review of the terms of said Order to determine its affect on them in
01/04/2008 106 this matter. (llea, ) (Entered: 01/04/2008)

Transcript by J&J COURT TRANSCRIBERS, INC of Hearing


01/07/2008 107 Held on December 20, 2007 (jhel, ) (Entered: 01/07/2008)

Notice of Appearance and Request for Notice for Service of


Papers by Dorothy A. Davis Filed by Creditor Countrywide Home
01/09/2008 108 Loan, Inc. (Davis, Dorothy) (Entered: 01/09/2008)

Motion to Appear pro hac vice on behalf of Doug Skierski Filed


by Creditor Countrywide Home Loan, Inc.. (Attachments: # 1
01/09/2008 109 Proposed Order) (Davis, Dorothy) (Entered: 01/09/2008)

Motion to Appear pro hac vice on behalf of Thomas A. Connop


Filed by Creditor Countrywide Home Loan, Inc.. (Attachments: #
01/09/2008 110 1 Proposed Order) (Davis, Dorothy) (Entered: 01/09/2008)

Motion to Appear pro hac vice of Leonard J. De Pasquale Filed


by U.S. Trustee Office of the U.S. Trustee. (Attachments: # 1
Proposed Order # 2 Certificate of Service) (on Behalf of the
United States Trustee by, Norma Hildenbrand,) (Entered:
01/11/2008 111 01/11/2008)

Notice of Appearance and Request for Notice by David W. Ross


Filed by Trustee Ronda J. Winnecour (Attachments: # 1 Certificate
01/11/2008 112 of Service) (Ross, David) (Entered: 01/11/2008)
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 15/64
Exh p71/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

Order Denying Motion To Appear pro hac vice as Moot. (Related


Doc # 109 ) Signed on 1/16/2008. (mmck, ) (Entered:
01/16/2008 116 01/17/2008)

Order Denying Motion To Appear pro hac vice as Moot. (Related


Doc # 110 ) Signed on 1/16/2008. (mmck, ) (Entered:
01/16/2008 117 01/17/2008)

Order Denying Motion To Appear pro hac vice as Moot. (Related


Doc # 111 ) Signed on 1/16/2008. (mmck, ) (Entered:
01/16/2008 118 01/17/2008)

Notice of Appearance and Request for Notice by Leonard J.


DePasquale Esq.on behalf of the U.S. Trustee. (iwen, ) (Entered:
01/17/2008 113 01/17/2008)

Notice of Appearance and Request for Notice by Thomas A.


Connop, Esq. on behalf of Creditor Countrywide Home Loan, Inc.
01/17/2008 114 (iwen, ) (Entered: 01/17/2008)

Notice of Appearance and Request for Notice by Doug Skierski,


Esq. on behalf of Creditor Countrywide Home Loan, Inc. (iwen, )
01/17/2008 115 (Entered: 01/17/2008)

Transcript Requested by Norma Hildenbrand (RE: related


document(s): 76 Hearing Held, 91 Hearing Held, 80 Hearing
01/18/2008 119 Held). (lfin, ) (Entered: 01/18/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 116 Order on Motion to Appear pro hac vice).
01/19/2008 120 Service Date 01/19/2008. (Admin.) (Entered: 01/21/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 117 Order on Motion to Appear pro hac vice).
01/19/2008 121 Service Date 01/19/2008. (Admin.) (Entered: 01/21/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 118 Order on Motion to Appear pro hac vice).
01/19/2008 122 Service Date 01/19/2008. (Admin.) (Entered: 01/21/2008)

Transcript from J & J Court Transcribers of Hearing Held on


08/08/07 (RE: related document(s): 119 Transcript Request filed
01/25/2008 123 by Attorney Norma Hildenbrand). (cyou, ) (Entered: 01/25/2008)

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 16/64
Exh p72/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Transcript from J & J Court Transcribers of Hearing Held on
09/19/07 (RE: related document(s): 119 Transcript Request filed
01/25/2008 124 by Attorney Norma Hildenbrand). (cyou, ) (Entered: 01/25/2008)

Transcript from J & J Court Transcribers of Hearing Held on


10/31/07 (RE: related document(s): 119 Transcript Request filed
01/25/2008 125 by Attorney Norma Hildenbrand). (cyou, ) (Entered: 01/25/2008)

Motion for Protective Order Pursuant to Federal Rule of


Bankruptcy Procedure 7026 Filed by Creditor Countrywide
Home Loan, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3
Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8
Exhibit H# 9 Proposed Order) (Davis, Dorothy) (Entered:
01/25/2008 126 01/25/2008)

Amended Motion for Protective Order (Re-filed with Correct


Document Numbers) Filed by Creditor Countrywide Home Loan,
Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4
Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)
01/25/2008 127 (Davis, Dorothy) (Entered: 01/25/2008)

Revised Transcript of Hearing Held on 10/31/07 (RE: related


01/28/2008 128 document(s): 125 Transcript). (cyou, ) (Entered: 01/28/2008)

Revised Transcript from J & J Court Transcribers of Hearing Held


on 09/19/07 (RE: related document(s): 124 Transcript). (cyou, )
01/28/2008 129 (Entered: 01/28/2008)

Proposed Order RE: Filed by Creditor Countrywide Home Loan,


Inc. (RE: related document(s): 127 Motion for Protective Order,
filed by Creditor Countrywide Home Loan, Inc.). (Davis, Dorothy)
01/28/2008 130 (Entered: 01/28/2008)

Order Granting Motion For Protective Order (Related Doc # 127 )


Signed on 1/29/2008. (aala, ) Modified on 1/31/2008 (aala, ).
CORRECTIVE ENTRY: DOCKETED IN ERROR. ORDER
01/29/2008 131 WILL BE REDOCKETED. (Entered: 01/29/2008)

Order Signed on 1/29/2008 - iT IS HEREBY ORDERED,


ADJUDGED, AND DECREED that on or before February 5,
2008, any response to the Motion shall be filed and served on all
parties in interest. After responses are filed, the Court will schedule
a hearing by separate order. (RE: related document(s): 127 Motion
for Protective Order, filed by Creditor Countrywide Home Loan,
01/29/2008 134 Inc.). (aala, ) (Entered: 01/31/2008)
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 17/64
Exh p73/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

Notice of Appearance and Request for Notice and Service of


Papers by Robert O Lampl Filed by Interested Party Julie Steidl
01/30/2008 132 (Lampl, Robert) (Entered: 01/30/2008)

Corrective Entry: DOCKETED IN ERROR. ORDER WILL BE


REDOCKETED. (RE: related document(s): 131 Order on Motion
01/31/2008 133 for Protective Order). (aala, ) (Entered: 01/31/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 131 Order on Motion for Protective Order). Service
01/31/2008 135 Date 01/31/2008. (Admin.) (Entered: 02/01/2008)

Order Signed 02/10/2008 Setting Hearing on (RE: related


document(s): 126 Motion for Protective Order, filed by Creditor
Countrywide Home Loan, Inc.). Hearing scheduled for 2/14/2008
at 10:00 AM at p04 Courtroom D, 54th Floor, US Steel Tower,
Pittsburgh. (gbro, )CORRECTIVE ENTRY: ENTRY SHOULD
READ ORDER SIGNED 02/01/2008 RE: 127 AMENDED
MOTION FOR PROTECTIVE ORDER Modified on 2/7/2008
02/01/2008 136 (dric ). (Entered: 02/01/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 134 Order -Non-motion related-, ). Service Date
02/02/2008 137 02/02/2008. (Admin.) (Entered: 02/03/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 136 Hearing w/o Forms, ). Service Date 02/03/2008.
02/03/2008 138 (Admin.) (Entered: 02/04/2008)

Response to Motion for Entry of Protective Order Regarding the


Hearing on 02/14/08. Filed by Office of the U.S. Trustee (RE:
related document(s): 127 Motion for Protective Order, filed by
Creditor Countrywide Home Loan, Inc.). (on Behalf of the United
02/05/2008 139 States Trustee by, Norma Hildenbrand,) (Entered: 02/05/2008)

Certificate of Service Regarding the Hearing on 2/14/2008. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 139 Response, filed by U.S. Trustee Office of the
U.S. Trustee). (on Behalf of the United States Trustee by, Norma
02/05/2008 140 Hildenbrand,) (Entered: 02/05/2008)

Response to Motion for Entry of Protective Order Regarding the


Hearing on 02/14/08. Filed by Ronda J. Winnecour (RE: related
document(s): 127 Motion for Protective Order, filed by Creditor
Countrywide Home Loan, Inc.). (Attachments: # 1 Exhibit # 2
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 18/64
Exh p74/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Exhibit # 3 Exhibit # 4 Exhibit # 5 Proposed Order # 6 Certificate
02/05/2008 141 of Service) (Ross, David) (Entered: 02/05/2008)

Response To Motion For Entry of Protective Order Regarding


the Hearing on 2/14/2008. Filed by Sharon Diane Hill (RE: related
document(s): 127 Motion for Protective Order, filed by Creditor
Countrywide Home Loan, Inc.). (Attachments: # 1 Proposed
Order # 2 Certificate of Service) (Steidl, Kenneth) (Entered:
02/05/2008 142 02/05/2008)

Notice Regarding Request for Notices. Filed by Debtor Sharon


02/05/2008 143 Diane Hill (Calaiaro, Donald) (Entered: 02/05/2008)

CORRECTIVE ENTRY: ENTRY SHOULD READ ORDER


SIGNED 02/01/2008 RE: 127 AMENDED MOTION FOR
PROTECTIVE ORDER (RE: related document(s): 136 Hearing
02/07/2008 144 w/o Forms, ). (dric ) (Entered: 02/07/2008)

Order Signed on 2/7/2008 (RE: related document(s): 127 Motion


for Protective Order, filed by Creditor Countrywide Home Loan,
Inc.). On or before February 13, 2008, the Respondents and the
Office of the United States Trustee shall file a Response to this
Order, informing the Court whether they believe any other type of
relief should be required from Countrywide, and if so, to specify the
nature and extent of such additional relief. cm: Dorothy A. Davis,
Esq., Thomas A. Connop, Esq., Doug Skierski, Esq., Leonard J.
DePasquale, Esq., Norma Hildenbrand, Esq., Ronda J.
Winnecour, Esq., David W. Ross, Esq., Kenneth Steidl, Esq.,
Robert O. Lampl, Esq., Donald Calaiaro, Esq. (iwen, ) (Entered:
02/07/2008 145 02/07/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 145 Order -Non-motion related-, , ). Service Date
02/09/2008 146 02/09/2008. (Admin.) (Entered: 02/10/2008)

Response to the Court's Order Dated February 7, 2008


Regarding the Hearing on 2/14/2008. Filed by U.S. Trustee Office
of the U.S. Trustee (RE: related document(s): 145 Order -Non-
motion related-,, ). (on Behalf of the United States Trustee by,
02/13/2008 147 Norma Hildenbrand,) (Entered: 02/13/2008)

Response to Order of Court, Motion for Sanctions, and Joinder


Regarding the Hearing on 2/14/2008. Filed by Trustee Ronda J.
Winnecour (RE: related document(s): 145 Order -Non-motion
related-,,, 59 Motion to Enforce filed by Debtor Sharon Diane

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 19/64
Exh p75/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Hill). (Attachments: # 1 Certificate of Service) (Ross, David)
02/13/2008 148 (Entered: 02/13/2008)

Response To February 7, 2008 Order Of Court Regarding the


Hearing on 02/14/2008. Filed by Sharon Diane Hill (RE: related
document(s): 127 Motion for Protective Order, filed by Creditor
Countrywide Home Loan, Inc.). (Attachments: # 1 Certificate of
02/13/2008 149 Service) (Steidl, Kenneth) (Entered: 02/13/2008)

Hearing Held 2/14/08 (RE: related document(s): 127 Motion for


Protective Order, filed by Creditor Countrywide Home Loan,
Inc.). Court to issue order granting Countrywide's oral motion to
withdraw the Motion. Court will review the proposed consent
order once it is filed and reschedule the evidentiary hearing to allow
time for completion of discovery if the proposed order is entered.
02/15/2008 150 (iwen, ) (Entered: 02/15/2008)

Order Re: Motion For Protective Order (Related Doc # 127 )


Signed on 2/14/2008. It is hereby ORDERED, ADJUDGED and
DECREED that Countrywide's oral motion to withdraw the Motion
02/15/2008 151 is GRANTED. (gbro, ) (Entered: 02/15/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 151 Order on Motion for Protective Order). Service
02/17/2008 152 Date 02/17/2008. (Admin.) (Entered: 02/18/2008)

Motion for Entry of Consent Order Regarding Countrywide


Home Loans, Inc's Motion for Protective Order and Discovery
Deadlines Filed by Creditor Countrywide Home Loan, Inc..
(Attachments: # 1 Proposed Order Consent Order) (Davis,
02/19/2008 153 Dorothy) (Entered: 02/19/2008)

Consent Order Regarding Countrywide Home Loans, Inc.'s


Motion For A Protective Order and Discover Deadlines (Related
Doc # 153 ) Signed on 2/19/2008. It is hereby ORDERED, that
Countrywide will answer on or before 03/17/2008, the written
discovery which was served by the Debtor Sharon Hill and the
Trustee on January 14 and 15, 2008, and that discovery will close
for all parties, including the UST, on 04/16/2008; and it is further
ORDERED, that the 03/24/2008 evidentiary hearing will be
rescheduled to a later date at the convenience of the Court by
separate Pretrial Scheduling Order consistent with all of the
02/20/2008 154 foregoing. (gbro, ) (Entered: 02/20/2008)

Expedited Transcript Requested by Office of the U.S. Trustee (RE:


related document(s): 150 Hearing Held 2/14/08 ). The Transcript is
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 20/64
Exh p76/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
related document(s): 150 Hearing Held 2/14/08 ). The Transcript is
being prepared by Exceptional Reporting Services, Inc. The
Estimated Date of Completion for this Transcript is Feb. 26, 2008.
02/22/2008 155 (iwen, ) (Entered: 02/22/2008)

Letter Dated 2/7/08 Filed by O. Max Gardner, III to Judge Agresti


02/22/2008 156 regarding Countrywide. (iwen, ) (Entered: 02/22/2008)

Order Signed on 2/22/2008 Setting Procedure For Certification of


Transcripts (Related Doc# 127 Amended Motion for Protective
02/22/2008 157 Order) (ddoy, ) (Entered: 02/22/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 154 Order, , ). Service Date 02/22/2008. (Admin.)
02/22/2008 158 (Entered: 02/23/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 157 Order -Non-motion related-). Service Date
02/24/2008 159 02/24/2008. (Admin.) (Entered: 02/25/2008)

Court Certified Transcript by EXCEPTIONAL REPORTING


SERVICES, INC. of Hearing Held on February 14, 2008 (RE:
02/25/2008 160 related document(s): 157 ). (jhel) (Entered: 02/25/2008)

Order Scheduling PreTrial Signed on 2/25/2008 (RE: related


document(s): 59 Motion to Enforce filed by Debtor Sharon Diane
Hill). Pre-Trial Conference set for 6/19/2008 at 01:30 PM at p04
Courtroom D, 54th Floor, US Steel Tower, Pittsburgh. Pre-Trial
Statement due by 5/16/2008. Discovery due by 4/16/2008. (aala, )
02/25/2008 161 (Entered: 02/25/2008)

Order Signed on 2/25/2008- On or before March 3, 2008, the


Debtor shall file an Amended Motion To Enforce Discharge
("Amended Motion") which shall include all of the specific relief
currently being sought by the Debtor, together with any additional
and appropriate supporting factual allegations. On or before March
13, 2008, Countrywide shall file its Amended Response to the
Amended Motion. (RE: related document(s): 127 Motion for
Protective Order, filed by Creditor Sears, Roebuck & Co.,
Creditor Countrywide Home Loan, Inc., 58 BNC Certificate of
02/25/2008 162 Mailing - PDF Document). (aala, ) (Entered: 02/25/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 161 Order Scheduling Trial, ). Service Date
02/27/2008 163 02/27/2008. (Admin.) (Entered: 02/28/2008)
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 21/64
Exh p77/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 162 Order -Non-motion related-, , ). Service Date
02/27/2008 164 02/27/2008. (Admin.) (Entered: 02/28/2008)

Amended Motion to EnforceDischarge Filed by Debtor Sharon


Diane Hill. (Attachments: # 1 Proposed Order) (Calaiaro, Donald)
03/03/2008 165 (Entered: 03/03/2008)

Amended Pretrial Scheduling Order And 7016(f) Notice Signed on


3/10/2008 (RE: related document(s): 59 Motion to Enforce filed by
Debtor Sharon Diane Hill). It is Hereby ORDERED, ADJUDGED
and DECREED that the Final Pretrial Conference in this matter
previously scheduled for June 19, 2008 at 1:30 PM is continued to
6/24/2008 at 10:00 AM at p04 Courtroom D, 54th Floor, US
03/10/2008 166 Steel Tower, Pittsburgh. (aala, ) (Entered: 03/10/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 166 Order Scheduling Trial, ). Service Date
03/12/2008 167 03/12/2008. (Admin.) (Entered: 03/13/2008)

Response to Debtor's Amended Motion to Enforce Discharge


Regarding the Hearing on no hearing date scheduled. Filed by
Countrywide Home Loan, Inc. (RE: related document(s): 165
Motion to Enforce filed by Debtor Sharon Diane Hill, 59 Motion to
Enforce filed by Debtor Sharon Diane Hill). (Davis, Dorothy)
03/13/2008 168 (Entered: 03/13/2008)

Response to Court's Order Dated February 25, 2008 Filed by


U.S. Trustee Office of the U.S. Trustee (RE: related document(s):
162 Order -Non-motion related-,, ). (on Behalf of the United
03/13/2008 169 States Trustee by, Norma Hildenbrand,) (Entered: 03/13/2008)

Motion for Leave to Join Debtor's Amended Motion to Enforce


Discharge Filed by Trustee Ronda J. Winnecour. (Attachments: #
1 Proposed Order # 2 Certificate of Service) (Ross, David)
03/13/2008 170 (Entered: 03/13/2008)

Certificate of Service Filed by U.S. Trustee Office of the U.S.


Trustee (RE: related document(s): 58 BNC Certificate of Mailing -
PDF Document, 162 Order -Non-motion related-,,, 127 Motion
for Protective Order, filed by Creditor Sears, Roebuck & Co.,
Creditor Countrywide Home Loan, Inc.). (Attachments: # 1
Exhibit) (on Behalf of the United States Trustee by, Norma
03/14/2008 171 Hildenbrand,) (Entered: 03/14/2008)

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 22/64
Exh p78/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Response to the Chapter 13 Trustee's Motion for Leave to Join
Debtor's Amended Motion to Enforce Discharge Regarding the
Hearing on no hearing date scheduled. Filed by Countrywide Home
Loan, Inc. (RE: related document(s): 165 Motion to Enforce filed
by Debtor Sharon Diane Hill, 170 Motion filed by Trustee Ronda
J. Winnecour, 59 Motion to Enforce filed by Debtor Sharon Diane
03/24/2008 172 Hill). (Davis, Dorothy) (Entered: 03/24/2008)

Response to the Statement of the United States Trustee and


Response to the Court's Order Dated February 25, 2008
Regarding the Hearing on no hearing date scheduled. Filed by
Countrywide Home Loan, Inc. (RE: related document(s): 127
Motion for Protective Order, filed by Creditor Sears, Roebuck &
Co., Creditor Countrywide Home Loan, Inc.). (Attachments: # 1
03/24/2008 173 Proposed Order) (Davis, Dorothy) (Entered: 03/24/2008)

Certificate of Service with Regard to Response of Countrywide


Home Loans, Inc. to the Statement of the United States
Trustee and Response to the Court's Order Dated February 25,
2008 Filed by Creditor Countrywide Home Loan, Inc. (RE: related
document(s): 173 Response, filed by Creditor Countrywide Home
03/25/2008 174 Loan, Inc.). (Davis, Dorothy) (Entered: 03/25/2008)

Motion for Protective Order (Stipulated Protective Order) Filed


by Creditor Countrywide Home Loan, Inc.. (Attachments: # 1
Proposed Order Stipulated Protective Order) (Davis, Dorothy)
03/27/2008 175 (Entered: 03/27/2008)

Notice of Appearance and Request for Notice and Service of


Papers by Robert O Lampl Filed by Debtor Sharon Diane Hill
03/27/2008 176 (Lampl, Robert) (Entered: 03/27/2008)

Stipulated Protective Order Signed on 4/2/2008 re: Motion For


Protective Order (Related Doc # 175 ) Signed on 4/2/2008. cm:
Thomas A. Connop,Esq., Norma Hildenbrand, Esq. (iwen, )
04/02/2008 177 (Entered: 04/02/2008)

Order Signed 04/02/2008 Setting Hearing on (RE: related


document(s): 170 Chapter 13 Trustee's Motion for Leave to Join
Debtor's Amended Motion to Enforce Discharge filed by Trustee
Ronda J. Winnecour). Hearing scheduled for 5/8/2008 at 01:30
PM at p04 Courtroom D, 54th Floor, US Steel Tower, Pittsburgh.
04/02/2008 178 (gbro, ) (Entered: 04/02/2008)

Motion to Extend Time For Discovery Pursuant to Federal Rule

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 23/64
Exh p79/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
of Bankruptcy Procedure 9006(b) Filed by U.S. Trustee Office
of the U.S. Trustee. (Attachments: # 1 Proposed Order) (on Behalf
of the United States Trustee by, Norma Hildenbrand,) (Entered:
04/04/2008 179 04/04/2008)

Consent of Chapter 13 Trustee to Motion for Enlargement of


Time for Discovery Pursuant to Federal Rule of Bankruptcy
Procedure 9006(b) Filed by Trustee Ronda J. Winnecour (RE:
related document(s): 161 Order Scheduling Trial,, 59 Motion to
Enforce filed by Debtor Sharon Diane Hill, 179 Motion to Extend
Time, filed by U.S. Trustee Office of the U.S. Trustee).
(Attachments: # 1 Proposed Order # 2 Certificate of Service)
04/04/2008 180 (Ross, David) (Entered: 04/04/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 177 Order on Motion for Protective Order). Service
04/04/2008 181 Date 04/04/2008. (Admin.) (Entered: 04/05/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 178 Hearing w/o Forms, ). Service Date 04/04/2008.
04/04/2008 182 (Admin.) (Entered: 04/05/2008)

Certificate of Service Filed by U.S. Trustee Office of the U.S.


Trustee (RE: related document(s): 179 Motion to Extend Time,
filed by U.S. Trustee Office of the U.S. Trustee). (Attachments: # 1
Exhibit) (on Behalf of the United States Trustee by, Norma
04/07/2008 183 Hildenbrand,) (Entered: 04/07/2008)

Order Signed on 4/7/2008, upon the filing of a Motion for


Enlargement of Time for Discovery Pursuant to Federal Rule of
Bankruptcy Procedure 9006(b) at Document No. 179, and a
Consent of Chapter 13 Trustee to Motion for Enlargement of Time
For Discovery Pursuant to Federal Rule Of Bankruptcy 9006(b)
filed at Document No. 180, It is Hereby ORDERED, ADJUDGED
and DECREED that on or before April 17, 2008 Countrywide
Home Loans, Inc. shall file a Response to the Motion. If no
response is filed, the Motion For Enlargement Of Time will be
granted. (RE: related document(s): 179 Motion to Extend Time,
filed by U.S. Trustee Office of the U.S. Trustee). (aala, ) (Entered:
04/08/2008 184 04/08/2008)

Consent Response to Motion for Enlargement of Time for


Discovery Regarding the Hearing on no hearing date scheduled.
Filed by Countrywide Home Loan, Inc. (RE: related document(s):
179 Motion to Extend Time, filed by U.S. Trustee Office of the
U.S. Trustee). (Davis, Dorothy) (Entered: 04/09/2008)
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 24/64
Exh p80/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
04/09/2008 185 U.S. Trustee). (Davis, Dorothy) (Entered: 04/09/2008)

Order Granting Motion to Extend Time for the close of Discovery.


It is hereby ORDERED that the time for discovery to close is
hereby enlarged to May 16, 2008. (Related Doc # 179 ) Signed on
04/10/2008 186 4/10/2008. (aala, ) (Entered: 04/10/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 184 Order -Non-motion related-, , ). Service Date
04/10/2008 187 04/10/2008. (Admin.) (Entered: 04/11/2008)

Entry: A Memorandum Opinion and Order was entered on April 1,


2008 in Misc. Proceeding 07-00204 TPA, at Document No. 64.
Parties are directed to immediately review the Memorandum
Opinion and Order, to determine its affect on them in this matter.
04/11/2008 188 (aala, ) (Entered: 04/11/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 186 Order on Motion to Extend Time). Service Date
04/12/2008 189 04/12/2008. (Admin.) (Entered: 04/13/2008)

Motion to Extend Time for Filing of Pretrial Statement and any


Preliminary or Dispositive Motions Filed by Trustee Ronda J.
Winnecour. (Attachments: # 1 Proposed Order # 2 Certificate of
04/30/2008 190 Service) (Ross, David) (Entered: 04/30/2008)

Amended Document Certificate of Service Filed by Trustee


04/30/2008 191 Ronda J. Winnecour (Ross, David) (Entered: 04/30/2008)

Joint Motion to Approve Settlement and Compromise, in addition


to Joint Motion to Seal (RE: related document(s) 59 Motion to
Enforce, 168 Response,, 165 Motion to Enforce, 73 Response, ).
Filed by Creditor Countrywide Home Loan, Inc. (RE: related
document(s): 59 Motion to Enforce, 168 Response,, 165 Motion
to Enforce, 73 Response, ). (Attachments: # 1 Exhibit A# 2
05/02/2008 192 Proposed Order) (Davis, Dorothy) (Entered: 05/02/2008)

05/02/2008 193 Document(s) Under Seal (llea, ) (Entered: 05/02/2008)

Order Dismissing without prejudice Motion to Approve Settlement


(Related Doc # 192 ), and Motion To Seal (Related Doc # 192 )
05/06/2008 194 Signed on 5/6/2008. (aala, ) (Entered: 05/06/2008)

Notice of Hearing Scheduled on (RE: related document(s): 190


Motion to Extend Time for Filing of Pretrial Statement and any
ecf.pawb.uscourts.gov/…/DktRpt.pl?… P li i Di iti M ti fil d b T t R d J 25/64
Exh p81/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Preliminary or Dispositive Motions filed by Trustee Ronda J.
Winnecour). Hearing Scheduled for 1:30 P.M. on May 8, 2008 in
05/06/2008 195 Courtroom D. (dric) (Entered: 05/06/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 194 Order on Motion to Approve Settlement, Order
on Motion to Seal). Service Date 05/08/2008. (Admin.) (Entered:
05/08/2008 196 05/09/2008)

Order Signed on 5/9/2008 - The Court concluding that additional


briefing is necessary before a ruling can be made on the motion, it is
hereby ORDERED, ADJUDGED, and DECREED that on or
before May 23, 2008, the Chapter 13 Trustee and Countrywide
Home Loans, Inc. shall file a Brief in support of their respective
positions on the Motion. (RE: related document(s): 170 Motion
filed by Trustee Ronda J. Winnecour). (aala, ) (Entered:
05/09/2008 197 05/09/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 197 Order -Non-motion related-, ). Service Date
05/11/2008 198 05/11/2008. (Admin.) (Entered: 05/12/2008)

Hearing Held 5/8/2008 (RE: related document(s): 190 Motion to


Extend Time for Filing of Pretrial Statement and any Preliminary or
Dispositive Motions filed by Trustee Ronda J. Winnecour). (lfin, )
05/12/2008 199 (Entered: 05/12/2008)

Hearing Held on 5/8/08. The Court will defer a decision on the


Motion and direct the Chapter 13 Trustee and Countrywide to file
briefs issues raised at the argument. (RE: related document(s): 170
Motion filed by Trustee Ronda J. Winnecour). (dkan, ) (Entered:
05/12/2008 200 05/12/2008)

Order Signed 5/12/08 Setting Hearing on (RE: related


document(s): 161 Order Scheduling Trial,, 165 Motion to Enforce
filed by Debtor Sharon Diane Hill, 190 Motion to Extend Time filed
by Trustee Ronda J. Winnecour). It is hereby ORDERED
ADJUDGED and DECREED that discovery shall close on May
23, 2008. The filing of any pretrial statements or dispositive
motions, as outlined in the Pretrial Scheduling Order filed at
Document No. 161, is stayed. It is FURTHER ORDERED that the
Final Pretrial Conference scheduled for 6/24/2008 at 10:00 AM at
p04 Courtroom D, 54th Floor, US Steel Tower, Pittsburgh, PA,
has been changed to a Status Conference. (aala, ) (Entered:
05/12/2008 201 05/12/2008)

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 26/64
Exh p82/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 201 Hearing w/o Forms, , ). Service Date
05/14/2008 202 05/14/2008. (Admin.) (Entered: 05/15/2008)

Notice Of Transcript Order With Completion Date for hearings


held on May 8, 2008 Filed by Ronda J. Winnecour (RE: related
document(s): 200 Hearing Held, 170 Motion filed by Trustee
Ronda J. Winnecour, 190 Motion to Extend Time filed by Trustee
Ronda J. Winnecour, 199 Hearing Held). The Transcript is being
prepared by Exceptional Reporting Services. The estimated date of
completion for this transcript is May 27, 2008. (ddoy, ) (Entered:
05/19/2008 203 05/19/2008)

Motion for Protective Order Pursuant to Rule 26 of the Federal


Rules of Civil Procedure Filed by Creditor Countrywide Home
Loan, Inc.. (Attachments: # 1 Exhibit A# 2 Proposed Order)
05/21/2008 204 (Davis, Dorothy) (Entered: 05/21/2008)

Letter dated 5/21/08 to Judge Agresti regarding documents which


Countrywide Home Loans, Inc. has designated as "Privileged".
05/23/2008 205 Filed by Dorothy A. Davis (aala, ) (Entered: 05/23/2008)

Order signed 5/23/08 Setting Hearing on (RE: related document(s):


204 Motion for Protective Order filed by Creditor Countrywide
Home Loan, Inc., 165 Motion to Enforce filed by Debtor Sharon
Diane Hill). Argument on Motion is scheduled for 6/24/2008 at
10:00 AM at p04 Courtroom D, 54th Floor, US Steel Tower,
Pittsburgh. Responses due by 6/9/2008. (aala, ) (Entered:
05/23/2008 206 05/23/2008)

Supporting Brief/Memorandum Filed by Creditor Countrywide


Home Loan, Inc. (RE: related document(s): 172 Response, filed by
Creditor Countrywide Home Loan, Inc., 197 Order -Non-motion
related-,, 170 Motion filed by Trustee Ronda J. Winnecour).
05/23/2008 207 (Davis, Dorothy) (Entered: 05/23/2008)

Supporting Brief/Memorandum Filed by Trustee Ronda J.


Winnecour (RE: related document(s): 172 Response, filed by
Creditor Countrywide Home Loan, Inc., 168 Response, filed by
Creditor Countrywide Home Loan, Inc., 170 Motion filed by
Trustee Ronda J. Winnecour, 165 Motion to Enforce filed by
Debtor Sharon Diane Hill). (Attachments: # 1 Certificate of
05/23/2008 208 Service) (Lindsay, Mark) (Entered: 05/23/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


ecf.pawb.uscourts.gov/…/DktRpt.pl?… 27/64
Exh p83/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
document(s): 206 Hearing w/o Forms, ). Service Date 05/25/2008.
05/25/2008 209 (Admin.) (Entered: 05/26/2008)

Order Signed on 5/29/2008 - (1) On or before June 13, 2008,


Debtor shall file a short Status Report with the Court setting forth a
description of the discovery that has been done in the case. (2) On
or before June 20, 2008, Countrywide Home Loans, Inc. shall file
a Response to the Status Report with the Court. (RE: related
document(s): 165 Amended Motion to Enforce Discharge filed by
05/29/2008 210 Debtor Sharon Diane Hill). (aala, ) (Entered: 05/29/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 210 Order -Non-motion related-, ). Service Date
05/31/2008 211 05/31/2008. (Admin.) (Entered: 06/01/2008)

Court Certified Transcript by EXCEPTIONAL REPORTING


SERVICES of Hearing Held on May 8, 2008 (RE: related
06/04/2008 212 document(s): 203 ). (jhel) (Entered: 06/04/2008)

Response to Countrywide's Second Motion for Protective


Order Regarding the Hearing on June 24, 2008. Filed by Ronda J.
Winnecour (RE: related document(s): 204 Motion for Protective
Order filed by Creditor Countrywide Home Loan, Inc.).
(Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit
Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E# 6 Exhibit
Exhibit F# 7 Exhibit Exhibit G# 8 Proposed Order # 9 Certificate
06/09/2008 213 of Service) (Ross, David) (Entered: 06/09/2008)

Letter dated 6/10/08 to the Honorable Thomas P. Agresti


regarding Countrywide Home Loans, Inc. documents. Filed by
06/11/2008 214 Dorothy A. Davis (aala, ) (Entered: 06/11/2008)

Status Report Filed by Debtor Sharon Diane Hill (RE: related


document(s): 59 Motion to Enforce filed by Debtor Sharon Diane
06/13/2008 215 Hill). (Calaiaro, Donald)). (Entered: 06/13/2008)

Motion to Continue/Reschedule Hearing On Status Conference


Filed by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 201 Hearing w/o Forms,, ). (Attachments: # 1
Proposed Order) (on Behalf of the United States Trustee by,
06/18/2008 216 Norma Hildenbrand,) (Entered: 06/18/2008)

Certificate of Service Regarding the Hearing on 6/24/2008. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 216 Motion to Continue/Reschedule Hearing, filed by
U S Trustee Office of the U S Trustee) (on Behalf of the United
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 28/64
Exh p84/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
U.S. Trustee Office of the U.S. Trustee). (on Behalf of the United
06/18/2008 217 States Trustee by, Norma Hildenbrand,) (Entered: 06/18/2008)

Joint Response in Opposition Regarding the Hearing on 06/24/08.


Filed by Countrywide Home Loan, Inc. (RE: related document(s):
216 Motion to Continue/Reschedule Hearing, filed by U.S. Trustee
Office of the U.S. Trustee). (Attachments: # 1 Proposed Order)
06/19/2008 218 (Davis, Dorothy) (Entered: 06/19/2008)

Order Denying Motion To Continue Hearing On 165 Motion to


Enforce Discharge and 204 Motion for Protective Order (Related
Doc # 216 ) Signed on 6/19/2008. (RE: related document(s): 216
Motion to Continue/Reschedule Hearing On Status Conference).
cm: Dorothy Davis, Esq., Thomas Connop, Esq., Norma
Hildenbrand, Esq., David Ross, Esq., Donald Calaiaro, Esq.,
06/19/2008 219 Robert O. Lampl, Esq. (iwen,) (Entered: 06/19/2008)

Joint Motion to Approve Settlement and Compromise Filed by


Creditor Countrywide Home Loan, Inc.. (Attachments: # 1
Proposed Order # 2 Appendix in Support of Joint Motion# 3
Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8
Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J#
13 Exhibit K# 14 Exhibit L# 15 Exhibit M# 16 Exhibit N# 17
06/19/2008 220 Exhibit O) (Davis, Dorothy) (Entered: 06/19/2008)

Response to Debtor's Status Report Filed by Creditor


Countrywide Home Loan, Inc. (RE: related document(s): 165
Motion to Enforce filed by Debtor Sharon Diane Hill, 215 Status
Report filed by Debtor Sharon Diane Hill). (Davis, Dorothy)
06/20/2008 221 (Entered: 06/20/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 219 Order on Motion to Continue/Reschedule
Hearing, ). Service Date 06/21/2008. (Admin.) (Entered:
06/21/2008 222 06/22/2008)

Motion for Rule to Show Cause Filed by U.S. Trustee Office of


the U.S. Trustee. (Attachments: # 1 Proposed Order) (on Behalf of
the United States Trustee by, Norma Hildenbrand,) (Entered:
06/23/2008 223 06/23/2008)

Certificate of Service Filed by U.S. Trustee Office of the U.S.


Trustee (RE: related document(s): 223 Motion filed by U.S.
Trustee Office of the U.S. Trustee). (on Behalf of the United States
06/23/2008 224 Trustee by, Norma Hildenbrand,) (Entered: 06/23/2008)

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 29/64
Exh p85/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

Hearing Held 6/24/08 and Proceeding Memo Continuing Hearing.


(RE: related document(s): 165 Motion to Enforce filed by Debtor
Sharon Diane Hill). Upon consent of counsel,continued to
8/11/2008 at 10:00 AM at p04 Courtroom D, 54th Floor, US
06/24/2008 225 Steel Tower, Pittsburgh. (aala, ) (Entered: 06/24/2008)

Order signed 6/24/08 on Rule To Show Cause Setting Hearing on


(RE: related document(s): 223 Motion for Rule to Show Cause
filed by U.S. Trustee Office of the U.S. Trustee). On the
8/11/2008 at 10:00 AM at p04 Courtroom D, 54th Floor, US
Steel Tower, Pittsburgh, a Status Conference on the Amended
Motion for Rule To Show Cause as to why the Court should not
06/24/2008 226 enter an Order. (aala, ) (Entered: 06/24/2008)

Order Signed on 6/24/2008 - It is therefore ORDERED,


ADJUDGED and DECREED that further proceedings on the
Motion for Leave to Join and the Motion for Protective Order are
continued until the status conference to be held on August 11, 2008
at 10:00 a.m. in Courtroom D 54th Floor, U.S. Steel Tower, 600
Grant Street, Pittsburgh, PA 15219 (RE: related document(s): 127
Motion for Protective Order, filed by Creditor Sears, Roebuck &
Co., Creditor Countrywide Home Loan, Inc., 204 Motion for
Protective Order filed by Creditor Countrywide Home Loan, Inc.,
170 Motion filed by Trustee Ronda J. Winnecour). (aala, )
06/24/2008 227 (Entered: 06/24/2008)

Hearing Held 6/24/08 and Proceeding Memo Setting Hearing on


(RE: related document(s): 204 Motion for Protective Order filed by
Creditor Countrywide Home Loan, Inc.). Upon consent of counsel,
continued to 8/11/2008 at 10:00 AM at p04 Courtroom D, 54th
06/24/2008 228 Floor, US Steel Tower, Pittsburgh. (aala, ) (Entered: 06/24/2008)

Order signed 6/24/08 Setting Hearing on (RE: related document(s):


204 Motion for Protective Order filed by Creditor Countrywide
Home Loan, Inc., 170 Motion filed by Trustee Ronda J.
Winnecour, 127 Motion for Protective Order, filed by Creditor
Sears, Roebuck & Co., Creditor Countrywide Home Loan, Inc.,
220 Motion to Approve Settlement, filed by Creditor Countrywide
Home Loan, Inc.). On or before August 4, 2008 any Response to
the Joint Motion must be filed; A Hearing on the Joint Motion will
be held on 8/11/2008 at 10:00 AM at p04 Courtroom D, 54th
06/24/2008 229 Floor, US Steel Tower, Pittsburgh. (aala, ) (Entered: 06/24/2008)

BNC PDF Notice - Order signed 6/24/08 at Document # 229 sent


06/24/2008 230 to all parties through the BNC. (aala, ) (Entered: 06/24/2008)
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 30/64
Exh p86/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 226 Hearing w/o Forms, ). Service Date 06/26/2008.
06/26/2008 231 (Admin.) (Entered: 06/27/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 227 Order -Non-motion related-, , ). Service Date
06/26/2008 232 06/26/2008. (Admin.) (Entered: 06/27/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 229 Hearing w/o Forms, , ). Service Date
06/26/2008 233 06/26/2008. (Admin.) (Entered: 06/27/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 230 BNC PDF Notice). Service Date 06/26/2008.
06/26/2008 234 (Admin.) (Entered: 06/27/2008)

Expedited Transcript Requested by Ronda J. Winnecour, Chapter


13 Trustee (RE: related document(s): 225 Hearing (Bk) Continued,
Hearing (Bk) Continued, 228 Hearing w/o Forms, ). The transcript
is being prepared by EXCEPTIONAL REPORTING SERVICES,
INC. The estimated date for completion is 7/7/08. (aala, )
06/27/2008 235 (Entered: 06/27/2008)

Amended Motion for Rule to Show Cause Filed by U.S. Trustee


Office of the U.S. Trustee. (on Behalf of the United States Trustee
06/30/2008 236 by, Norma Hildenbrand,) (Entered: 06/30/2008)

Certificate of Service Regarding the Hearing on 8/11/2008. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 223 Motion filed by U.S. Trustee Office of the U.S.
Trustee, 236 Motion filed by U.S. Trustee Office of the U.S.
Trustee, 226 Hearing w/o Forms, ). (on Behalf of the United States
07/01/2008 237 Trustee by, Norma Hildenbrand,) (Entered: 07/01/2008)

Court Certified Transcript prepared by EXCEPTIONAL


REPORTING SERVICES of Hearing Held on 06/24/08 (RE:
related document(s): 235 Transcript Request, filed by Trustee
07/09/2008 238 Ronda J. Winnecour). (cyou, ) (Entered: 07/09/2008)

Motion to Appear pro hac vice on behalf of Leslie E. Puida and


Goldbeck, McCafferty & McKeever Filed by Attorney Francis
X. Manning. (Puida, Leslie) Modified on 7/15/2008 (aala, ).
CORRECTIVE ENTRY: A PROPOSED ORDER IS
07/14/2008 239 REQUIRED FOR FILING. (Entered: 07/14/2008)

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 31/64
Exh p87/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

Motion to Appear pro hac vice on behalf of Leslie E. Puida and


Goldbeck, McCafferty & McKeever Filed by Attorney Francis
X. Manning. (Puida, Leslie) Modified on 7/15/2008 (aala, ).
CORRECTIVE ENTRY: A PROPOSED ORDER IS
REQUIRED FOR FILING. SECOND CORRECTIVE ENTRY:
THE APPLICANT ON THE MOTION IS DIFFERENT THAN
THE APPLICANT IN THE ENTRY. THE MOTION MUST BE
REFILED TO INCLUDE THE CORRECT PDF, AND A
PROPOSED ORDER. Modified on 7/15/2008 (dric ). (Entered:
07/14/2008 240 07/14/2008)

Application for CompensationFor Counsel Fees for Kenneth


Steidl, Debtor's Attorney, Period: 4/16/2007 to 5/23/2008, Fee:
$7987.50, Expenses: $0.00. Filed by Attorney Kenneth Steidl.
(Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed Order)
07/14/2008 241 (Steidl, Kenneth) (Entered: 07/14/2008)

Hearing on Application For Counsel Fees Filed by Debtor Sharon


Diane Hill (RE: related document(s): 241 Application for
Compensation, filed by Debtor Sharon Diane Hill). Hearing
scheduled for 8/11/2008 at 10:00 AM p04 Courtroom D, 54th
Floor, U.S. Steel Tower, Pittsburgh for 241 ,. Responses due by
7/31/2008. (Attachments: # 1 Certificate of Service) (Steidl,
07/14/2008 242 Kenneth) (Entered: 07/14/2008)

Report Settlement Summary and Fee Disclosure Filed by Debtor


07/14/2008 243 Sharon Diane Hill (Calaiaro, Donald) (Entered: 07/14/2008)

Certificate of Service Regarding the Hearing on 8/11/2008. Filed


by Creditor Countrywide Home Loan, Inc. (RE: related
document(s): 229 Hearing w/o Forms,,, 243 Report -Generic- filed
by Debtor Sharon Diane Hill, 220 Motion to Approve Settlement,
filed by Creditor Countrywide Home Loan, Inc.). (Attachments: #
07/14/2008 244 1 Exhibit A# 2 Exhibit B) (Davis, Dorothy) (Entered: 07/14/2008)

Corrective Entry: A PROPOSED ORDER IS REQUIRED FOR


FILING. (RE: related document(s): 239 Motion to Appear pro hac
vice filed by Attorney Francis X. Manning). (aala, ) (Entered:
07/15/2008 245 07/15/2008)

Corrective Entry: A PROPOSED ORDER IS REQUIRED FOR


FILING. (RE: related document(s): 240 Motion to Appear pro hac
vice filed by Attorney Francis X. Manning). (aala, ) (Entered:
07/15/2008 246 07/15/2008)

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 32/64
Exh p88/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
SECOND CORRECTIVE ENTRY: THE APPLICANT ON
THE MOTION IS DIFFERENT THAN THE APPLICANT IN
THE ENTRY. THE MOTION MUST BE REFILED TO
INCLUDE THE CORRECT PDF, AND A PROPOSED
ORDER. (RE: related document(s): 240 Motion to Appear pro hac
vice, filed by Attorney Francis X. Manning). (dric ) (Entered:
07/15/2008 247 07/15/2008)

Order Signed on 7/15/2008 - It is further Ordered that this matter


remains scheduled for hearing on August 11, 2008 at 10:00 a.m. in
Courtroom D, 54th Floor, U.S. Steel Tower, 600 Grant Street,
Pittsburgh, Pa 15219. (RE: related document(s): 220 Motion to
Approve Settlement, filed by Creditor Countrywide Home Loan,
Inc., 241 Application for Compensation, filed by Debtor Sharon
Diane Hill, 243 Report -Generic- filed by Debtor Sharon Diane
07/15/2008 248 Hill). (aala, ) (Entered: 07/15/2008)

Motion to Appear pro hac vice on behalf of Leslie E. Puida and


Goldbeck, McCafferty & McKeever Filed by Attorney Francis
X. Manning. (Attachments: # 1 Proposed Order) (Puida, Leslie)
07/16/2008 249 (Entered: 07/16/2008)

Motion to Appear pro hac vice on behalf of Leslie E. Puida and


Goldbeck, McCafferty & McKeever Filed by Attorney Jeffrey A.
Lutsky. (Attachments: # 1 Proposed Order) (Puida, Leslie)
07/16/2008 250 (Entered: 07/16/2008)

Order Granting Motion of Jeffrey A. Lutsky To Appear pro hac


vice for Leslie E. Puida, Esq. and Goldbeck, McCafferty &
McKeever (Related Doc # 250 ) Signed on 7/17/2008. cm:
Debtor, Counsel, Trustee, Leslie Puida, Esq., Jeffrey Lutsky, Esq.
Office of U.S. Trustee (iwen, ) Additional attachment(s) added on
07/17/2008 251 7/22/2008 (iwen, ). (Entered: 07/17/2008)

Order Granting Motion of Francis X. Manning, Esq. To Appear


pro hac vice for Goldbeck McCafferty & McKeever and Leslie E.
Puida, Esq.. (Related Doc # 249 ) Signed on 7/17/2008. cm:
Debtor, Counsel, Trustee, Francis Manning, Esq., Leslie Puida,
07/17/2008 252 Esq., Office of U.S. Trustee (iwen, ) (Entered: 07/17/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 248 Order -Non-motion related-, ). Service Date
07/17/2008 253 07/17/2008. (Admin.) (Entered: 07/18/2008)

Application for Compensation for Robert O Lampl, Debtor's


Attorney, Period: 11/12/2007 to 7/16/2008, Fee: $14759.00,
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 33/64
Exh p89/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Attorney, Period: 11/12/2007 to 7/16/2008, Fee: $14759.00,
Expenses: $. Filed by Attorney Robert O Lampl. (Attachments: # 1
Summary Coversheet# 2 Narrative# 3 Exhibit A# 4 Exhibit B# 5
Proposed Order) (Lampl, Robert) Modified on 7/21/2008 (aala, ).
CORECTIVE ENTRY: THE NOTICE OF HEARING IS TO BE
FILED AS A SEPARATE DOCKET ENTRY. (Entered:
07/18/2008 254 07/18/2008)

Final Application for Compensation for Donald R. Calaiaro,


Debtor's Attorney, Period: 1/31/2008 to 7/9/2008, Fee:
$14,742.40, Expenses: $16.88. Filed by Attorney Donald R.
Calaiaro. (Attachments: # 1 Exhibit A - Detail Transaction File
List# 2 Exhibit B - Contingency Fee Agreement# 3 Exhibit C -
Revised Contingency Fee Agreement# 4 Exhibit D - Verified
Statement# 5 Proposed Order) (Calaiaro, Donald) (Entered:
07/18/2008 255 07/18/2008)

Withdrawal of Final Fees and Expenses Application Filed


onBehalf of Calaiaro & Corbett, P.C. Filed by Debtor Sharon
Diane Hill (RE: related document(s): 255 Application for
Compensation, filed by Debtor Sharon Diane Hill). (Calaiaro,
07/18/2008 256 Donald) (Entered: 07/18/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 251 Order on Motion to Appear pro hac vice, ).
07/19/2008 257 Service Date 07/19/2008. (Admin.) (Entered: 07/20/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 252 Order on Motion to Appear pro hac vice, ).
07/19/2008 258 Service Date 07/19/2008. (Admin.) (Entered: 07/20/2008)

Corrective Entry: THE NOTICE OF HEARING IS TO BE


FILED AS A SEPARATE DOCKET ENTRY. (RE: related
document(s): 254 Application for Compensation, filed by Debtor
07/21/2008 259 Sharon Diane Hill). (aala, ) (Entered: 07/21/2008)

Final Application for Compensation for Donald R. Calaiaro,


Debtor's Attorney, Period: 1/31/2008 to 7/9/2008, Fee:
$14,759.28, Expenses: $0.00. Filed by Attorney Donald R.
Calaiaro. (Attachments: # 1 Exhibit A - Detail Transaction File
List# 2 Exhibit B - Contingency Fee Agreement# 3 Exhibit C -
Revised Contingency Fee Agreement# 4 Exhibit D - Verified
Statement# 5 Narrative# 6 Proposed Order) (Calaiaro, Donald)
07/21/2008 260 (Entered: 07/21/2008)

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 34/64
Exh p90/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Hearing on Final Fees and Expenses Application Filed on Behalf of
Calaiaro & Corbett, P.C. Filed by Debtor Sharon Diane Hill (RE:
related document(s): 260 Application for Compensation, filed by
Debtor Sharon Diane Hill). Hearing scheduled for 8/11/2008 at
10:00 AM p04 Courtroom D, 54th Floor, U.S. Steel Tower,
Pittsburgh for 260 ,. Responses due by 8/4/2008. (Calaiaro,
07/21/2008 261 Donald) (Entered: 07/21/2008)

Notice Regarding Summary Cover Sheet and Notice of Hearing on


Professional Fees in Chapter 7 and 13 on Behalf of Sharon Diane
Hill. Filed by Debtor Sharon Diane Hill (RE: related document(s):
254 Application for Compensation, filed by Debtor Sharon Diane
07/21/2008 262 Hill). (Lampl, Robert) (Entered: 07/21/2008)

Certificate of Service Regarding the Hearing on 8/11/2008. Filed


by Debtor Sharon Diane Hill (RE: related document(s): 262
Notice, filed by Debtor Sharon Diane Hill, 254 Application for
Compensation, filed by Debtor Sharon Diane Hill). (Lampl,
07/21/2008 263 Robert) (Entered: 07/21/2008)

Response to Amended Motion for Rule to Show Cause and to


Rule to Show Cause Regarding the Hearing on 8/11/2008. Filed
by Countrywide Home Loan, Inc. (RE: related document(s): 223
Motion filed by U.S. Trustee Office of the U.S. Trustee, 236
Motion filed by U.S. Trustee Office of the U.S. Trustee). (Puida,
07/22/2008 264 Leslie) (Entered: 07/22/2008)

Certificate of Service Regarding the Hearing on 8/11/2008. Filed


by Creditor Countrywide Home Loan, Inc. (RE: related
document(s): 264 Response, filed by Creditor Countrywide Home
07/22/2008 265 Loan, Inc.). (Puida, Leslie) (Entered: 07/22/2008)

Order Withdrawing Application For Compensation (Related Doc #


255 ) Withdrawing for Donald R. Calaiaro Signed on 7/22/2008.
07/22/2008 266 (aala, ) (Entered: 07/22/2008)

Response to United States Trustee's Amended Motion For A


Rule To Show Cause Regarding the Hearing on 08/11/08. Filed by
Countrywide Home Loan, Inc. (RE: related document(s): 223
Motion filed by U.S. Trustee Office of the U.S. Trustee, 236
Motion filed by U.S. Trustee Office of the U.S. Trustee). (Davis,
07/22/2008 267 Dorothy) (Entered: 07/22/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 266 Order on Application for Compensation).
Service Date 07/24/2008. (Admin.) (Entered: 07/25/2008)
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 35/64
Exh p91/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
07/24/2008 268 Service Date 07/24/2008. (Admin.) (Entered: 07/25/2008)

Motion to Appear pro hac vice on behalf of Patrick S. Layng


Filed by U.S. Trustee Office of the U.S. Trustee. (Attachments: # 1
Proposed Order) (on Behalf of the United States Trustee by,
08/01/2008 269 Norma Hildenbrand,) (Entered: 08/01/2008)

Certificate of Service Filed by U.S. Trustee Office of the U.S.


Trustee (RE: related document(s): 269 Motion to Appear pro hac
vice filed by U.S. Trustee Office of the U.S. Trustee). (on Behalf of
the United States Trustee by, Norma Hildenbrand,) (Entered:
08/01/2008 270 08/01/2008)

Order Granting Motion To Appear pro hac vice Patrick S. Layng


for Office of the U.S. Trustee. (Related Doc # 269 ) Signed on
08/04/2008 271 8/4/2008. (dkan, ) . (Entered: 08/04/2008)

Response to Joint Motion for Approval of Settlement Between


Countrywide Home Loans, Inc. and Sharon Diane Hill
Regarding the Hearing on 08/11/08. Filed by Office of the U.S.
Trustee (RE: related document(s): 220 Motion to Approve
Settlement, filed by Creditor Countrywide Home Loan, Inc.).
(Attachments: # 1 Proposed Order) (on Behalf of the United States
08/04/2008 272 Trustee by, Norma Hildenbrand,) (Entered: 08/04/2008)

Certificate of No Objection Regarding Application For Counsel


Fees Regarding the Hearing on 8/11/2008. Filed by Debtor Sharon
Diane Hill (RE: related document(s): 242 Hearing on a Judge
Agresti Case Set by Attorney or Trustee, filed by Debtor Sharon
Diane Hill, 241 Application for Compensation, filed by Debtor
Sharon Diane Hill). (Attachments: # 1 Proposed Order) (Steidl,
08/05/2008 273 Kenneth) (Entered: 08/05/2008)

Certificate of Service of Response to Joint Motion Regarding the


Hearing on 8/11/2008. Filed by U.S. Trustee Office of the U.S.
Trustee (RE: related document(s): 272 Response, filed by U.S.
Trustee Office of the U.S. Trustee). (on Behalf of the United States
08/05/2008 274 Trustee by, Norma Hildenbrand,) (Entered: 08/05/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 271 Order on Motion to Appear pro hac vice).
08/06/2008 275 Service Date 08/06/2008. (Admin.) (Entered: 08/07/2008)

Motion to Appear pro hac vice on Behalf of Lisa D. Tingue Filed


by U.S. Trustee Office of the U.S. Trustee. (Attachments: # 1
Proposed Order) (on Behalf of the United States Trustee by
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 36/64
Exh p92/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Proposed Order) (on Behalf of the United States Trustee by,
08/07/2008 276 Norma Hildenbrand,) (Entered: 08/07/2008)

Certificate of Service of Motion to Appear pro hac vice on


Behalf of Lisa D. Tingue Filed by U.S. Trustee Office of the U.S.
Trustee (RE: related document(s): 276 Motion to Appear pro hac
vice filed by U.S. Trustee Office of the U.S. Trustee). (on Behalf of
the United States Trustee by, Norma Hildenbrand,) (Entered:
08/07/2008 277 08/07/2008)

Certificate of No Objection Regarding Application of Robert O


Lampl for Final Compensation and Reimbursement as Co-
Counsel to the Debtor Regarding the Hearing on 8/11/2008. Filed
by Debtor Sharon Diane Hill (RE: related document(s): 261
Hearing on a Judge Agresti Case Set by Attorney or Trustee, filed
by Debtor Sharon Diane Hill, 262 Notice, filed by Debtor Sharon
Diane Hill, 254 Application for Compensation, filed by Debtor
08/08/2008 278 Sharon Diane Hill). (Lampl, Robert) (Entered: 08/08/2008)

Order Granting Motion To Appear pro hac vice of Lisa D. Tingue


on behalf of the United State Trustee. (Related Doc # 276 ) Signed
08/11/2008 279 on 8/11/2008. (jmic, ) (Entered: 08/11/2008)

Hearing Held on 8/11/2008. Order to be entered indicating that the


motion will be granted, except that paragraph 18 of the settlement
agreement, a remaining vestige from the time when the parties were
attempting to have the agreement filed under seal, will be stricken
as unnecessary. Approval of the settlement will be without
prejudice to the UST and the Court's inherent power under Section
105 of the Bankruptcy Code. (RE: related document(s): 220
Motion to Approve Settlement, filed by Creditor Countrywide
08/12/2008 280 Home Loan, Inc.). (mmck, ) (Entered: 08/12/2008)

Order Granting Motion to Approve Settlement (Related Doc # 220


08/12/2008 281 ) Signed on 8/12/2008. (mmck, ) (Entered: 08/12/2008)

Hearing Held 8/11/08(RE: related document(s): 204 Motion for


Protective Order filed by Creditor Countrywide Home Loan, Inc.,
170 Motion filed by Trustee Ronda J. Winnecour). Continued
pending a decision in the motion to approve settlement between the
Chapter 13 trustee and Countrywide in Misc. # 07-00203. (jmic, )
08/12/2008 282 (Entered: 08/13/2008)

Order Signed on 8/12/2008 that the Status Conference and (RE:


related document(s): 204 Motion for Protective Order filed by
Creditor Countrywide Home Loan, Inc. and 170 Motion filed by
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 37/64
Exh p93/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Creditor Countrywide Home Loan, Inc. and 170 Motion filed by
Trustee Ronda J. Winnecour) is continued pending a decision on
the motion to approve settlement between the Chapter 13 trustee
ahd Countrywide, filed at document #122 in Misc. # 07-00203.
08/12/2008 283 (jmic, ) (Entered: 08/13/2008)

Hearing Held 8/11/08 (RE: related document(s): 254 Application


for Compensation, filed by Debtor Sharon Diane Hill). CNO filed.
08/12/2008 285 OE granting motion. (jmic, ) (Entered: 08/13/2008)

Order Granting Application For Compensation (Related Doc #


254 ) Granting for Robert O Lampl, fees awarded: $14759.00,
expenses awarded: $0.00 Signed on 8/11/2008. (jmic, ) (Entered:
08/12/2008 286 08/13/2008)

Expedited Transcript Requested by Norma Hildenbrand, US


Trustee's Office (RE: related document(s): 280 Hearing Held,,, 287
Hearing Held, 285 Hearing Held, 288 Hearing Held). Transcript is
being prepared by Exceptional Reporting Services, Inc. Estimated
08/12/2008 289 date of completion is 8/21/08. (jmic, ) (Entered: 08/13/2008)

Document also mailed to Norman Gilkey, Esq. and Charles


Townsend, Esq. via US Postal Service (RE: related document(s):
08/13/2008 284 283 Order -Non-motion related-, ). (jmic, ) (Entered: 08/13/2008)

Hearing Held 8/11/08 (RE: related document(s): 241 Application


for Compensation, filed by Debtor Sharon Diane Hill). CNO filed.
08/13/2008 287 OE granting motion. (jmic, ) (Entered: 08/13/2008)

Hearing Held 8/11/08 (RE: related document(s): 260 Application


for Compensation, filed by Debtor Sharon Diane Hill). No
objections were noted. MOE granting motion. (jmic, ) (Entered:
08/13/2008 288 08/13/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 279 Order on Motion to Appear pro hac vice).
08/13/2008 290 Service Date 08/13/2008. (Admin.) (Entered: 08/14/2008)

Hearing Held on 8/11/2008. Court will issue a standard pre-trial


order and allow 60 days for discovery. (RE: related document(s):
236 Motion filed by U.S. Trustee Office of the U.S. Trustee).
08/13/2008 291 (mmck, ) (Entered: 08/14/2008)

Hearing Held 8/11/08 (RE: related document(s): 165 Motion to


Enforce filed by Debtor Sharon Diane Hill). The amended motion
to enforce discharge will be continued generally as part of the order
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 38/64
Exh p94/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
to enforce discharge will be continued generally as part of the order
approving the settlement because of still-remaining issues involving
08/13/2008 293 the Ch. 13 trustee and the UST. (lall, ) (Entered: 08/14/2008)

Order Granting Application For Compensation (Related Doc #


260 ) Granting for Donald R. Calaiaro, fees awarded: $14759.28,
expenses awarded: $0.00 Signed on August 11, 2008. (lall, )
08/13/2008 294 (Entered: 08/14/2008)

Order Granting Application For Compensation (Related Doc #


241 ) Granting for Kenneth Steidl, fees awarded: $7987.50,
expenses awarded: $0.00 Signed on August 11, 2008. (lall, )
08/13/2008 295 (Entered: 08/14/2008)

Pretrial Scheduling Order and 7016(f) Notice Signed on 8/14/2008


(RE: related document(s): 236 Motion filed by Office of the U.S.
Trustee). Pre-Trial Conference set for 1/8/2009 at 10:00 AM at
p04 Courtroom D, 54th Floor, U.S. Steel Tower, Pittsburgh, PA
15219. Trial will be scheduled at that time for a date soon to
follow. Pre-Trial Statement for Movant due by 10/29/2008. Pre-
Trial Statement for Defendant due by 11/13/20088. On or before
11/28/2008, Movant shall file with the Court the completed and
Consolidated Pretrial Statement signed by all Parties. Discovery
08/14/2008 292 shall close on 10/14/2008. (gbro, ) (Entered: 08/14/2008)

Order Generally Continuing Motion. Signed on 8/14/2008. If


necessary, a further status conference or hearing will be scheduled.
(RE: related document(s): 165 Motion to Enforce filed by Debtor
08/14/2008 296 Sharon Diane Hill). (mmck, ) (Entered: 08/14/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 281 Order on Motion to Approve Settlement).
08/14/2008 297 Service Date 08/14/2008. (Admin.) (Entered: 08/15/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 283 Order -Non-motion related-, ). Service Date
08/15/2008 298 08/15/2008. (Admin.) (Entered: 08/16/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 286 Order on Application for Compensation).
08/15/2008 299 Service Date 08/15/2008. (Admin.) (Entered: 08/16/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 292 Order Scheduling Trial, , ). Service Date
08/16/2008 300 08/16/2008. (Admin.) (Entered: 08/17/2008)
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 39/64
Exh p95/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 294 Order on Application for Compensation).
08/16/2008 301 Service Date 08/16/2008. (Admin.) (Entered: 08/17/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 295 Order on Application for Compensation).
08/16/2008 302 Service Date 08/16/2008. (Admin.) (Entered: 08/17/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 296 Order -Non-motion related-). Service Date
08/16/2008 303 08/16/2008. (Admin.) (Entered: 08/17/2008)

Court Certified Transcript prepared by Exceptional Reporting


Services, Inc. of Hearing Held on August 11, 2008 (RE: related
document(s): 289 Transcript Request, ). (kthe, ) (Entered:
08/22/2008 304 08/22/2008)

Motion to Quash Notice of Oral Examination and Subpoena


Duces Tecum for the Deposition of Charles Townsend and
Notice of Oral Examination and Subpoena Duces Tecum for
the Deposition of Countrywide Home Loans, Inc. Filed by
Creditor Countrywide Home Loan, Inc.. (Attachments: # 1 Exhibit
A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order) (Davis, Dorothy)
09/19/2008 305 (Entered: 09/19/2008)

Order Dismissing Motion To Quash For Noncompliance with local


rules (Related Doc # 305 ) Signed on 9/24/2008. (aala) (Entered:
09/24/2008 306 09/24/2008)

Motion to Quash Notice of Oral Examination and Subpoena


Duces Tecum for the Deposition of Charles Townsend and
Notice of Oral Examination and Subpoena Duces Tecum for
the Deposition of Countrywide Home Loans, Inc. Filed by
Creditor Countrywide Home Loan, Inc.. (Attachments: # 1
Proposed Order # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C) (Davis,
Dorothy) CORRECTIVE ENTRY: THIS MOTION WAS
AMENDED AND REFILED AT DOCUMENT NO. 308.
09/24/2008 307 Modified on 9/26/2008 (dric). (Entered: 09/24/2008)

Motion to Quash Notice of Oral Examination and Subpoena


Duces Tecum for the Deposition of Charles Townsend and
Notice of Oral Examination and Subpoena Duces Tecum for
the Deposition of Countrywide Home Loans, Inc. Filed by
Creditor Countrywide Home Loan, Inc.. (Attachments: # 1
Proposed Order # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C) (Davis,
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 40/64
Exh p96/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
09/25/2008 308 Dorothy) (Entered: 09/25/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 306 Order on Motion To Quash). Service Date
09/26/2008 309 09/26/2008. (Admin.) (Entered: 09/27/2008)

Order Setting Hearing on (RE: related document(s): 308 Motion to


Quash Notice of Oral Examination and Subpoena Duces Tecum
for the Deposition of Charles Townsend and Notice of Oral
Examination and Subpoena Duces Tecum for the Deposition of
Countrywide Home Loans, Inc. filed by Creditor Countrywide
Home Loan, Inc.).Hearing scheduled for 10/23/2008 at 10:30 AM
at p04 Courtroom D, 54th Floor, U.S. Steel Tower, Pittsburgh.
Judge Thomas P. Agresti will preside over the hearing. Responses
due by 10/16/2008. cm: Dorothy A. Davis, Esq.(dric) (Entered:
09/29/2008 310 09/29/2008)

Certificate of Service Regarding the Hearing on 10/23/2008. Filed


by Creditor Countrywide Home Loan, Inc. (RE: related
document(s): 308 Motion to Quash filed by Creditor Countrywide
Home Loan, Inc., 310 Hearing w/o Forms). (Davis, Dorothy)
09/30/2008 311 (Entered: 09/30/2008)

Notice of Continued Hearing on (RE: related document(s): 170


Motion for Leave to Join Debtor's Amended Motion to Enforce
Discharge filed by Trustee Ronda J. Winnecour, 204 Motion for
Protective Order filed by Creditor Countrywide Home Loan,
Inc.).Hearing scheduled for 10/2/2008 at 02:00 PM at p04
Courtroom D, 54th Floor, U.S. Steel Tower, Pittsburgh. Judge
Thomas P. Agresti will preside over the hearing. (dric) (Entered:
10/02/2008 312 10/02/2008)

Hearing Held 10/02/2008 (RE: related document(s): 170 Motion


filed by Trustee Ronda J. Winnecour). DENIED as moot in light of
the settlement in the matter at Misc. No. 07-00203. Order to be
10/03/2008 313 entered. (gbro) (Entered: 10/03/2008)

Hearing Held 10/02/2008 (RE: related document(s): 204 Motion


for Protective Order filed by Creditor Countrywide Home Loan,
Inc.). DENIED as moot in light of the settlement in the matter at
Misc. No. 07-00203. Order to be entered. (gbro) (Entered:
10/03/2008 314 10/03/2008)

Agreed Motion to Extend Time and to Reschedule October 23,


2008 Hearing Date Filed by U.S. Trustee Office of the U.S.

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 41/64
Exh p97/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Trustee. (Attachments: # 1 Proposed Order) (on Behalf of the
United States Trustee by, Norma Hildenbrand,) (Entered:
10/07/2008 315 10/07/2008)

Certificate of Service Regarding the Hearing on 10/23/2008. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 315 Motion to Extend Time filed by U.S. Trustee
Office of the U.S. Trustee). (on Behalf of the United States Trustee
10/09/2008 316 by, Norma Hildenbrand,) (Entered: 10/09/2008)

Order Denying with prejudice Motion For Leave to Join (Related


Doc # 170 ) and Denying with prejudice Motion For Protective
Order (Related Doc # 204 ) Signed on 10/8/2008. It is hereby
ORDERED, ADJUDGED and DECREED that the Motion for
Leave to Join and the Motion for Protective Order are DENIED,
with prejudice as moot in light of the settlement in the matter at
10/09/2008 317 Misc. No. 07-00203-TPA. (gbro) (Entered: 10/10/2008)

Copy of Order RE: related document(s): 317 Order Denying with


prejudice Motion for Protective Order and Motion for Leave to
Join being sent via U.S. Postal Service to: C. Charles Townsend,
Esq., Countrywide Home Loans, 7105 Corporate Dr., PTX-B-
455, Plano, TX 74024; and Norman Gilkey, Esq., Babst, Calland,
Clements & Zomnir, PC, Two Gateway Center, Pittsburgh, PA
10/10/2008 318 15222.(gbro) (Entered: 10/10/2008)

Order Signed 10/10/2008 Rescheduling Hearing on (RE: related


document(s): 308 Motion to Quash filed by Creditor Countrywide
Home Loan, Inc.). Hearing RESCHEDULED for 11/6/2008 at
11:00 AM at p04 Courtroom D, 54th Floor, U.S. Steel Tower,
Pittsburgh, PA 15219 and the Discovery Period extended from
October 14, 2008 to December 3, 2008. The Court further
cancels its previous scheduling order of August 14, 2008. The Final
Pretrial Conference in this matter shall take place on a date to be
10/10/2008 319 set by the Court. (gbro) (Entered: 10/10/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 317 Order). Service Date 10/12/2008. (Admin.)
10/12/2008 320 (Entered: 10/13/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 319 Hearing (Bk) Rescheduled). Service Date
10/12/2008 321 10/12/2008. (Admin.) (Entered: 10/13/2008)

Response of the United States Trustee to Countrywide Home


Loans, Inc.'s Motion to Quash and Subpoena Duces Tecum
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 42/64
Exh p98/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Loans, Inc.'s Motion to Quash and Subpoena Duces Tecum
Regarding the Hearing on 11/06/08. Filed by Office of the U.S.
Trustee (RE: related document(s): 308 motion Motion to Quash
filed by Creditor Countrywide Home Loan, Inc.). (Attachments: #
1 Certificate of Counsel# 2 Proposed Order) (on Behalf of the
United States Trustee by, Norma Hildenbrand,) (Entered:
10/16/2008 322 10/16/2008)

Certificate of Service Regarding the Hearing on 11/6/2008. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 322 Response filed by U.S. Trustee Office of the
U.S. Trustee). (on Behalf of the United States Trustee by, Norma
10/17/2008 323 Hildenbrand,) (Entered: 10/17/2008)

Order Signed on 10/17/2008 Dismissing Pleading for


Noncompliance with Local Rules (RE: related document(s): 322
Response filed by U.S. Trustee Office of the U.S. Trustee). (aala)
10/17/2008 324 (Entered: 10/17/2008)

Amended Response of United States Trustee to Countrywide


Home Loans, Inc.'s Motion to Quash and Subpoena Duces
Tecum Regarding the Hearing on 11/06/08. Filed by Office of the
U.S. Trustee (RE: related document(s): 308 motion Motion to
Quash filed by Creditor Countrywide Home Loan, Inc.).
(Attachments: # 1 Certificate of Counsel# 2 Proposed Order) (on
Behalf of the United States Trustee by, Norma Hildenbrand,)
10/17/2008 325 (Entered: 10/17/2008)

Motion to Compel All Communications Pertaining to the Same


Subject Matter as Previously Produced Communications Filed
by U.S. Trustee Office of the U.S. Trustee. (Attachments: # 1
Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Certificate of Counsel# 5
Proposed Order) (on Behalf of the United States Trustee by,
10/17/2008 326 Norma Hildenbrand,) (Entered: 10/17/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 324 Order -Non-motion related-). Service Date
10/19/2008 327 10/19/2008. (Admin.) (Entered: 10/20/2008)

Motion to Clarify Order Filed by Creditor Countrywide Home


Loan, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed
10/20/2008 328 Order) (Davis, Dorothy) (Entered: 10/20/2008)

Motion to Compel Oral Examination of a Representative of the


United States Trustee Filed by Creditor Countrywide Home
Loan, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 43/64
Exh p99/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Loan, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Proposed
10/20/2008 329 Order) (Davis, Dorothy) (Entered: 10/20/2008)

Motion to Compel the United States Trustee to Abide By the


Terms of the Stipulated Protective Order Entered April 2, 2008
Filed by Creditor Countrywide Home Loan, Inc.. (Attachments: #
1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Proposed
10/20/2008 330 Order) (Davis, Dorothy) (Entered: 10/20/2008)

Certificate of Service Filed by U.S. Trustee Office of the U.S.


Trustee (RE: related document(s): 326 Motion to Compel filed by
U.S. Trustee Office of the U.S. Trustee). (on Behalf of the United
10/21/2008 331 States Trustee by, Norma Hildenbrand,) (Entered: 10/21/2008)

Amended Response to Countrywide Home Loans, Inc.'s Motion


to Quash and Subpoena Duces Tecum Regarding the Hearing on
11/6/08. Filed by Office of the U.S. Trustee (RE: related
document(s): 308 motion Motion to Quash filed by Creditor
Countrywide Home Loan, Inc.). (Attachments: # 1 Certificate of
Counsel# 2 Proposed Order) (on Behalf of the United States
10/21/2008 332 Trustee by, Norma Hildenbrand,) (Entered: 10/21/2008)

Order Setting Hearing on (RE: related document(s): 326 Motion to


Compel All Communications Pertaining to the Same Subject
Matter as Previously Produced Communications filed by U.S.
Trustee Office of the U.S. Trustee).Hearing scheduled for
11/6/2008 at 02:00 PM at p04 Courtroom D, 54th Floor, U.S.
Steel Tower, Pittsburgh. Judge Thomas P. Agresti will preside over
the hearing. Responses due by 11/3/2008. cm: Norma
10/21/2008 333 Hildenbrand, Esq.(dric) (Entered: 10/21/2008)

Order Setting Hearing on (RE: related document(s): 329 Motion to


Compel Oral Examination of a Representative of the United States
Trustee filed by Creditor Countrywide Home Loan, Inc.).Hearing
scheduled for 11/6/2008 at 02:00 PM at p04 Courtroom D, 54th
Floor, U.S. Steel Tower, Pittsburgh. Judge Thomas P. Agresti will
preside over the hearing. Responses due by 11/3/2008. cm:
10/21/2008 334 Dorothy A. Davis, Esq.(dric) (Entered: 10/21/2008)

Order Setting Hearing on (RE: related document(s): 330 Motion to


Compel the United States Trustee to Abide By the Terms of the
Stipulated Protective Order Entered April 2, 2008 filed by Creditor
Countrywide Home Loan, Inc.).Hearing scheduled for 11/6/2008
at 02:00 PM at p04 Courtroom D, 54th Floor, U.S. Steel Tower,
Pittsburgh. Judge Thomas P. Agresti will preside over the hearing.
Responses due by 11/3/2008. cm: Dorothy A. Davis, Esq. (dric)
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 44/64
Exh p100/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Responses due by 11/3/2008. cm: Dorothy A. Davis, Esq. (dric)
10/21/2008 335 (Entered: 10/21/2008)

Order Granting Motion To Clarify Order (Related Doc # 328 )


10/21/2008 336 Signed on 10/21/2008. (aala) (Entered: 10/21/2008)

Order Setting Hearing on (RE: related document(s): 308 Motion to


Quash filed by Creditor Countrywide Home Loan, Inc.). It is
Hereby ORDERED, ADJUDGED and DECREED that the
Hearing scheduled for 11/6/2008 at 11:00 AM at p04 Courtroom
D, 54th Floor, U.S. Steel Tower, Pittsburgh, remains scheduled on
the same date, but the time has been changed to 2:00 P.M. Judge
Thomas P. Agresti will preside over the hearing. cm: all parties
(aala) Additional attachment(s) added on 10/23/2008 (aala).
10/21/2008 338 (Entered: 10/22/2008)

Certificate of Service Regarding the Hearing on 11/6/2008. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 326 Motion to Compel filed by U.S. Trustee Office
of the U.S. Trustee, 333 Hearing w/o Forms). (on Behalf of the
United States Trustee by, Norma Hildenbrand,) (Entered:
10/22/2008 337 10/22/2008)

Certificate of Service Regarding the Hearing on 11/6/2008. Filed


by Creditor Countrywide Home Loan, Inc. (RE: related
document(s): 329 Motion to Compel filed by Creditor
Countrywide Home Loan, Inc., 330 Motion to Compel filed by
Creditor Countrywide Home Loan, Inc., 334 Hearing w/o Forms,
335 Hearing w/o Forms). (Attachments: # 1 Exhibit A) (Davis,
10/22/2008 339 Dorothy) (Entered: 10/22/2008)

BNC PDF Notice - Document No. 338 Order signed 10/21/08


Setting hearing, is being sent through the BNC to all parties. (aala)
10/23/2008 340 (Entered: 10/23/2008)

Motion to Compel Oral Examination of a Representative of the


United States Trustee Filed by Respondent Goldbeck McCafferty
& McKeever and Leslie Puida, Esquire. (Attachments: # 1 Exhibit
A# 2 Exhibit B# 3 Certificate of Service) (Buss, John) Modified on
10/24/2008 (aala). CORRECTIVE ENTRY: A PROPOSED
10/23/2008 341 ORDER IS REQUIRED FOR FILING. (Entered: 10/23/2008)

Certification of Counsel Regarding Local Rule 7037-1F


Conference Filed by Respondent Goldbeck McCafferty &
McKeever and Leslie Puida, Esquire (RE: related document(s):
223 Motion filed by U.S. Trustee Office of the U.S. Trustee, 226
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 45/64
Exh p101/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
223 Motion filed by U.S. Trustee Office of the U.S. Trustee, 226
Hearing w/o Forms, 236 Motion filed by U.S. Trustee Office of the
U.S. Trustee, 261 Hearing on a Judge Agresti Case Set by
Attorney or Trustee filed by Debtor Sharon Diane Hill, 267
Response filed by Creditor Countrywide Home Loan, Inc., 292
Order Scheduling Trial, 319 Hearing (Bk) Rescheduled, 329
Motion to Compel filed by Creditor Countrywide Home Loan,
Inc.). (Attachments: # 1 Exhibit 1, Letters# 2 Exhibit 2, Emails)
10/23/2008 342 (Buss, John) (Entered: 10/23/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 336 Order). Service Date 10/23/2008. (Admin.)
10/23/2008 343 (Entered: 10/24/2008)

Corrective Entry: A PROPOSED ORDER IS REQUIRED FOR


FILING. (RE: related document(s): 341 Motion to Compel filed by
Respondent Goldbeck McCafferty & McKeever and Leslie Puida,
10/24/2008 344 Esquire). (aala) (Entered: 10/24/2008)

Proposed Order RE: Motion to Compel Oral Examination of a


Representative of the United States Trustee Filed by
Respondent Goldbeck McCafferty & McKeever and Leslie Puida,
Esquire (RE: related document(s): 341 Motion to Compel filed by
Respondent Goldbeck McCafferty & McKeever and Leslie Puida,
Esquire, 344 Corrective Entry). (Buss, John) (Entered:
10/24/2008 345 10/24/2008)

Order Setting Hearing on (RE: related document(s): 341 Motion to


Compel Oral Examination of a Representative of the United States
Trustee filed by Goldbeck McCafferty & McKeever and Leslie
Puida, Esquire).Hearing scheduled for 11/6/2008 at 02:00 PM at
p04 Courtroom D, 54th Floor, U.S. Steel Tower, Pittsburgh.
Judge Thomas P. Agresti will preside over the hearing. Responses
due by 11/3/2008. cm: John W. Buss, Jr., Esq.(dric) Modified on
10/24/2008 346 10/24/2008 (dric). (Entered: 10/24/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 340 BNC PDF Notice). Service Date 10/25/2008.
10/25/2008 347 (Admin.) (Entered: 10/27/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 338 Hearing w/o Forms). Service Date 10/26/2008.
10/26/2008 348 (Admin.) (Entered: 10/27/2008)

Certificate of Service of the Motion to Compel Oral


Examination of a Representative of the United States Trustee
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 46/64
Exh p102/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Examination of a Representative of the United States Trustee
and the Order setting hearing on Motion Regarding the Hearing
on 11/6/2008. Filed by Respondent Goldbeck McCafferty &
McKeever and Leslie Puida, Esquire (RE: related document(s):
341 Motion to Compel filed by Respondent Goldbeck McCafferty
& McKeever and Leslie Puida, Esquire, 346 Hearing w/o Forms).
(Attachments: # 1 Order setting hearing on Motion) (Buss, John)
10/27/2008 349 (Entered: 10/27/2008)

Certificate of Service Regarding the Hearing on 11/6/2008. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 332 Response filed by U.S. Trustee Office of the
U.S. Trustee). (on Behalf of the United States Trustee by, Norma
10/28/2008 350 Hildenbrand,) (Entered: 10/28/2008)

Order Signed on 10/29/2008 Dismissing Pleading For


NonCompliance With Local Rules (RE: related document(s): 349
Certificate of Service filed by Respondent Goldbeck McCafferty &
McKeever and Leslie Puida, Esquire). (aala) (Entered:
10/29/2008 351 10/29/2008)

Certificate of Service of the Motion to Compel Oral


Examination of a Representative of the United States Trustee,
the Certification of Counsel and the Order setting hearing on
the Motion to Compel Regarding the Hearing on 11/6/2008. Filed
by Respondent Goldbeck McCafferty & McKeever and Leslie
Puida, Esquire (RE: related document(s): 341 Motion to Compel
filed by Respondent Goldbeck McCafferty & McKeever and
Leslie Puida, Esquire, 342 Certification of Counsel Regarding filed
by Respondent Goldbeck McCafferty & McKeever and Leslie
Puida, Esquire, 345 Proposed Order filed by Respondent
Goldbeck McCafferty & McKeever and Leslie Puida, Esquire,
346 Hearing w/o Forms). (Attachments: # 1 Order Setting Hearing
10/30/2008 352 on Motion) (Buss, John) (Entered: 10/30/2008)

Response to the United States Trustee's Motion to Compel


Regarding the Hearing on 11/6/08. Filed by Countrywide Home
Loan, Inc. (RE: related document(s): 326 Motion to Compel filed
by U.S. Trustee Office of the U.S. Trustee). (Attachments: # 1
11/03/2008 353 Exhibit A) (Davis, Dorothy) (Entered: 11/03/2008)

Response to Countrywide Home Loans, Inc.'s Motion to


Compel Regarding the Hearing on 11/06/08. Filed by Office of the
U.S. Trustee (RE: related document(s): 330 Motion to Compel
filed by Creditor Countrywide Home Loan, Inc.). (Attachments: #
1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order) (on
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 47/64
Exh p103/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order) (on
Behalf of the United States Trustee by, Norma Hildenbrand,)
11/03/2008 354 (Entered: 11/03/2008)

Response of Goldbeck McCafferty and McKeever and Leslie E.


Puida, Esquire to the Motion of the United States Trustee to
Compel Regarding the Hearing on 11/06/08. Filed by Goldbeck
McCafferty & McKeever and Leslie Puida, Esquire (RE: related
document(s): 326 Motion to Compel filed by U.S. Trustee Office
of the U.S. Trustee). (Attachments: # 1 Certificate of Service)
11/03/2008 355 (Buss, John) . (Entered: 11/03/2008)

Response of the United States Trustee to Countrywide Home


Loans, Inc.'s Motion to Compel Oral Examination of the
United States Trustee Regarding the Hearing on 11/06/08. Filed
by Office of the U.S. Trustee (RE: related document(s): 329
Motion to Compel filed by Creditor Countrywide Home Loan,
Inc.). (Attachments: # 1 Exhibit A# 2 Proposed Order) (on Behalf
of the United States Trustee by, Norma Hildenbrand,) (Entered:
11/03/2008 356 11/03/2008)

Response of the United States Trustee to the Goldbeck


McCafferty & McKeever and Leslie Puida, Esquire Motion to
Compel Oral Examination of the United States Trustee
Regarding the Hearing on 11/06/08. Filed by Office of the U.S.
Trustee (RE: related document(s): 341 Motion to Compel filed by
Respondent Goldbeck McCafferty & McKeever and Leslie Puida,
Esquire). (Attachments: # 1 Exhibit A# 2 Proposed Order) (on
Behalf of the United States Trustee by, Norma Hildenbrand,)
11/03/2008 357 (Entered: 11/03/2008)

Certificate of Service Regarding the Hearing on 11/6/2008. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 354 Response filed by U.S. Trustee Office of the
U.S. Trustee). (on Behalf of the United States Trustee by, Norma
11/04/2008 358 Hildenbrand,) (Entered: 11/04/2008)

Certificate of Service Regarding the Hearing on 11/6/2008. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 329 Motion to Compel filed by Creditor
Countrywide Home Loan, Inc., 334 Hearing w/o Forms). (on
Behalf of the United States Trustee by, Norma Hildenbrand,)
11/04/2008 359 (Entered: 11/04/2008)

Certificate of Service Regarding the Hearing on 11/6/2008. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 48/64
Exh p104/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 341 Motion to Compel filed by Respondent
Goldbeck McCafferty & McKeever and Leslie Puida, Esquire,
346 Hearing w/o Forms). (on Behalf of the United States Trustee
11/04/2008 360 by, Norma Hildenbrand,) (Entered: 11/04/2008)

Hearing Held 11/06/2008 (RE: related document(s): 308 Motion to


Quash filed by Creditor Countrywide Home Loan, Inc.).
GRANTED in part. The Court will enter an order denying the
motion insofar as it seeks a ruling that it is per se objectionable to
depose Townsend. However, motion will be granted in part in that
the UST will be given an opportunity to take a deposition on a
limited basis upon showing of detailed lines of inquiry sought. (gbro)
11/07/2008 361 (Entered: 11/07/2008)

Hearing Held 11/06/2008 (RE: related document(s): 326 Motion to


Compel filed by Office of the U.S. Trustee). The motion will be
tentatively denied, without prejudice. Countrywide will, however,
be directed to have the documents in question with them at time of
trial and ready to produce if ordered to do so. Order to be entered.
11/07/2008 362 (gbro) (Entered: 11/07/2008)

Hearing Held 11/06/2008 (RE: related document(s): 330 Motion to


Compel filed by Creditor Countrywide Home Loan, Inc.). The
Court finds that the April 2, 2008 order does not apply here
because of the defined scope of that order. However, without
objection by UST the Order will be extended to this matter as well.
11/07/2008 363 Order to be entered. (gbro) (Entered: 11/07/2008)

Hearing Held 11/06/2008 (RE: related document(s): 341 Motion to


Compel filed by Respondent Goldbeck McCafferty & McKeever
and Leslie Puida, Esquire). The motion will be granted in part;
order to be entered requiring GM&M and Puida to begin this
discovery by submitting interrogatories, followed, if they choose, by
an amended deposition notice more clearly setting forth the specific
areas of inquiry to be pursued in the deposition of the UST
designee. No inquiries related to any possible Rule 9011 violations
11/07/2008 364 will be permitted at this time. (gbro) (Entered: 11/07/2008)

Hearing Held 11/06/2008 (RE: related document(s): 329 Motion to


Compel filed by Creditor Countrywide Home Loan, Inc.). The
motion will be granted in part; order to be entered requiring
Countrywide to begin this discovery by submitting interrogatories,
followed, if Countrywide chooses, by an amended deposition
notice more clearly setting forth the specific areas of inquiry to be
pursued in the deposition of the UST designee. No inquiries related
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 49/64
Exh p105/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
pursued in the deposition of the UST designee. No inquiries related
to any possible Rule 9011 violations will be permitted at this time.
11/07/2008 365 (gbro) (Entered: 11/07/2008)

Order Re: Motion To Compel All Communications Pertaining to


the Same subject Matter as Previously Produced Communications.
It is hereby ORDERED, ADJUDGED and DECREED that the
Motion is tentatively DENIED without prejudice to renewing the
Motion at at later time. (Related Doc # 326 ) Signed on
11/07/2008 366 11/7/2008. (aala) (Entered: 11/07/2008)

Order Granting Motion To Compel the United States Trustee to


Abide by the Terms of the Stipulated Protective Order Entered
April 2, 2008 (Related Doc # 330 ) Signed on 11/7/2008. (aala)
11/07/2008 367 (Entered: 11/07/2008)

Memorandum Order Signed on 11/7/2008 (RE: related


document(s): 308 Motion to Quash filed by Creditor Countrywide
11/07/2008 368 Home Loan, Inc.). (aala) (Entered: 11/07/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 366 Order on Motion to Compel). Service Date
11/09/2008 369 11/09/2008. (Admin.) (Entered: 11/10/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 367 Order on Motion to Compel). Service Date
11/09/2008 370 11/09/2008. (Admin.) (Entered: 11/10/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 368 Order -Non-motion related-). Service Date
11/09/2008 371 11/09/2008. (Admin.) (Entered: 11/10/2008)

Order Granting In Part and Denying In Part Motion To Compel


Oral Examination of a Representative of the United States Trustee
(Related Doc # 329 ) Signed on 11/10/2008. C.Charles
Townsend, Esq served via U.S Postal Service. (ddoy) (Entered:
11/10/2008 372 11/10/2008)

Order Granting In Part and Denying In Part Motion To Compel


Oral Examination of a Representative of the United States Trustee
Filed by Respondent Goldbeck McCafferty & McKeever and
Leslie Puida, Esquire. (Related Doc # 341 ) Signed on
11/10/2008. C. Charles Townsend, Esq served via U.S. Postal
11/10/2008 373 Service. (ddoy) (Entered: 11/10/2008)

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 50/64
Exh p106/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
BNC Certificate of Mailing - PDF Document. (RE: related
document(s): 372 Order on Motion to Compel). Service Date
11/12/2008 374 11/12/2008. (Admin.) (Entered: 11/13/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 373 Order on Motion to Compel). Service Date
11/12/2008 375 11/12/2008. (Admin.) (Entered: 11/13/2008)

Ordinary Transcript Requested by Office of the U.S. Trustee (RE:


related document(s): 361 Hearing Held, 362 Hearing Held, 363
Hearing Held, 364 Hearing Held, 365 Hearing Held). The
transcript is being prepared by Veritext Court Reporting Services.
The estimated date for completion is 12/15/08. (aala) (Entered:
11/14/2008 376 11/14/2008)

Second Motion (Agreed) for Extension of Discovery Period


Filed by U.S. Trustee Office of the U.S. Trustee. (Attachments: # 1
Proposed Order) (on Behalf of the United States Trustee by,
12/01/2008 377 Norma Hildenbrand,) (Entered: 12/01/2008)

Certificate of Service regarding Agreed Second Motion for


Extension of Discovery Period Filed by U.S. Trustee Office of
the U.S. Trustee (RE: related document(s): 377 Motion filed by
U.S. Trustee Office of the U.S. Trustee). (on Behalf of the United
12/01/2008 378 States Trustee by, Norma Hildenbrand,) (Entered: 12/01/2008)

Supplement/Addendum to Motion to Quash Notice of Oral


Examination and Subpoena Duces Tecum For The Deposition
of Charles Townsend Filed by Creditor Countrywide Home Loan,
Inc. (RE: related document(s): 308 Motion to Quash filed by
Creditor Countrywide Home Loan, Inc., 332 Response filed by
U.S. Trustee Office of the U.S. Trustee, 368 Order -Non-motion
related-). (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4
12/01/2008 379 Exhibit D) (Davis, Dorothy) (Entered: 12/01/2008)

12/02/2008 380 Document(s) Under Seal (aala) (Entered: 12/02/2008)

Order signed 12/15/08 Setting Hearing on (RE: related


document(s): 308 Motion to Quash filed by Creditor Countrywide
Home Loan, Inc.).Hearing scheduled for 1/20/2009 at 01:30 PM
at p04 Courtroom D, 54th Floor, U.S. Steel Tower, Pittsburgh.
Judge Thomas P. Agresti will preside over the hearing. (aala)
12/16/2008 381 (Entered: 12/16/2008)

Order Re: Agreed Second Motion for Extension of Discovery


Period is GRANTED in part (Related Doc # 377 ) Signed on
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 51/64
Exh p107/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Period is GRANTED, in part. (Related Doc # 377 ) Signed on
12/16/2008 382 12/15/2008. (aala) (Entered: 12/16/2008)

Response of the United States Trustee to Countrywide Home


Loans, Inc.'s Motion to Quash and Supplement regarding the
Notice of Oral Examination and Subpoena Duces Tecum for
the Deposition of Charles Townsend Regarding the Hearing on
01/20/09. Filed by Office of the U.S. Trustee (RE: related
document(s): 308 Motion to Quash filed by Creditor Countrywide
Home Loan, Inc.). (Attachments: # 1 Proposed Order) (on Behalf
of the United States Trustee by, Norma Hildenbrand,) (Entered:
12/17/2008 383 12/17/2008)

Motion for Protective Order to Goldbeck McCafferty &


McKeever and Leslie Puida Filed by U.S. Trustee Office of the
U.S. Trustee. (Attachments: # 1 Exhibit Answers to GMM
Interrogatories# 2 Exhibit Revised Notice of Deposition by GMM)
(on Behalf of the United States Trustee by, Norma Hildenbrand,)
Modified on 12/18/2008 (aala). CORRECTIVE ENTRY: A
PROPOSED ORDER IS REQUIRED FOR FILING. (Entered:
12/17/2008 384 12/17/2008)

Certificate of Service Regarding the Hearing on 1/20/2009. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 383 Response filed by U.S. Trustee Office of the
U.S. Trustee). (on Behalf of the United States Trustee by, Norma
12/17/2008 385 Hildenbrand,) (Entered: 12/17/2008)

Certificate of Service Filed by U.S. Trustee Office of the U.S.


Trustee (RE: related document(s): 384 Motion for Protective Order
filed by U.S. Trustee Office of the U.S. Trustee). (on Behalf of the
United States Trustee by, Norma Hildenbrand,) (Entered:
12/17/2008 386 12/17/2008)

Corrective Entry: A PROPOSED ORDER IS REQUIRED FOR


FILING. (RE: related document(s): 384 Motion for Protective
Order filed by U.S. Trustee Office of the U.S. Trustee). (aala)
12/18/2008 387 (Entered: 12/18/2008)

Proposed Order RE: Motion for Protective Order Filed by U.S.


Trustee Office of the U.S. Trustee (RE: related document(s): 384
Motion for Protective Order filed by U.S. Trustee Office of the
U.S. Trustee). (on Behalf of the United States Trustee by, Norma
12/18/2008 388 Hildenbrand,) (Entered: 12/18/2008)

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 52/64
Exh p108/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Order Signed 22nd day of December, 2008, Movant having filed a
Motion for Protective Order by Roberta A. DeAngelis Acting
United States Trustee for Region 3 to Goldbeck McCafferty &
McKeever and Leslie Puida Revised Notice of Deposition to
United States Trustee ("Motion"), it is HEREBY ORDERED,
ADJUDGED and DECREED as follows: (1) On or before
DECEMBER 31, 2008, Respondent Countrywide Home Loans,
Inc. shall serve a Notice of Deposition on the United States Trustee
in the event Countrywide still Seeks to take the deposition of a
representative of the UST, a possibility contemplated by the Order
of November 10, 2008, Document No. 372. (2) On or Before
JANUARY 7, 2009, Respondents Goldbeck McCafferty &
McKeever and Leslie Puida shall file their Response to the Motion.
(3) In the event Countrywide serves a Notice of Deposition on the
UST pursuant to Paragraph 1 of this ORDER, and if the UST
seeks to cntest such Notice of Deposition, it shall do so by filing an
appropriate motion for protective order ON OR BEFORE
JANUARY 7, 2009. (4) ON OR BEFORE JANUARY 17,
2009, in the event the UST files a Motion pursuant to Paragraph 3
of this ORDER, Countrywide shall file its Response thereto. (5) A
hearing on the MOTION together with a hearing on any other
motion filed by the UST pursuant to Paragraph 3 of this Order shall
be held on JANUARY 26, 2009 AT 1:30 P.M.. Hearing on (RE:
related document(s): 372 Order on Motion to Compel, 373 Order
on Motion to Compel, 384 Motion for Protective Order filed by
U.S. Trustee Office of the U.S. Trustee).Hearing scheduled for
1/26/2009 at 01:30 PM at p04 Courtroom D, 54th Floor, U.S.
Steel Tower, Pittsburgh. cm: Norma Hildenbrand, Esq., Dorothy
12/23/2008 389 Davis, Esq., John Buss, Jr., Esq. (iwen) (Entered: 12/23/2008)

Order Rescheduling Hearing on (RE: related document(s): 308


Motion to Quash filed by Creditor Countrywide Home Loan,
Inc.).Hearing scheduled for 1/26/2009 at 01:30 PM at p04
Courtroom D, 54th Floor, U.S. Steel Tower, Pittsburgh. Judge
Thomas P. Agresti will preside over the hearing. cm: Norma
Hildenbrand, Esq., Office of U.S. Trustee, Dorothy Davis, Esq.,
12/23/2008 390 John Buss, Jr., Esq. (iwen) (Entered: 12/23/2008)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 390 Hearing (Bk) Rescheduled). Service Date
12/25/2008 391 12/25/2008. (Admin.) (Entered: 12/26/2008)

Motion in Limine to Prohibit Offering Partially Produced


Communications into Evidence. Filed by U.S. Trustee Office of
the U.S. Trustee. (Attachments: # 1 Certificate of conference# 2
Proposed Order) (on Behalf of the United States Trustee by,
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 53/64
Exh p109/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
12/31/2008 392 Norma Hildenbrand,) (Entered: 12/31/2008)

Certificate of Service Filed by U.S. Trustee Office of the U.S.


Trustee (RE: related document(s): 392 Motion filed by U.S.
Trustee Office of the U.S. Trustee). (on Behalf of the United States
12/31/2008 393 Trustee by, Norma Hildenbrand,) (Entered: 12/31/2008)

Notice Regarding Admission of Evidence Under Rules 404(b) and


406 of the Federal Rules of Evidence. Filed by U.S. Trustee Office
of the U.S. Trustee (Attachments: # 1 Exhibit) (on Behalf of the
United States Trustee by, Norma Hildenbrand,) (Entered:
12/31/2008 394 12/31/2008)

Motion in Limine for Admission of Evidence Under Rules


404(b) and 406 of the Federal Rules of Evidence Filed by U.S.
Trustee Office of the U.S. Trustee. (Attachments: # 1 Certificate of
Conference# 2 Exhibit Documents for Admission# 3 Proposed
Order) (on Behalf of the United States Trustee by, Norma
12/31/2008 395 Hildenbrand,) (Entered: 12/31/2008)

Pre-Trial Statement of the United States Trustee Filed by U.S.


Trustee Office of the U.S. Trustee (RE: related document(s): 103
Order Scheduling Trial, 161 Order Scheduling Trial, 292 Order
Scheduling Trial). (on Behalf of the United States Trustee by,
12/31/2008 396 Norma Hildenbrand,) (Entered: 12/31/2008)

Certificate of Service Filed by U.S. Trustee Office of the U.S.


Trustee (RE: related document(s): 394 Notice filed by U.S. Trustee
Office of the U.S. Trustee, 395 Motion filed by U.S. Trustee Office
of the U.S. Trustee). (on Behalf of the United States Trustee by,
01/02/2009 397 Norma Hildenbrand,) (Entered: 01/02/2009)

Certificate of Service Filed by U.S. Trustee Office of the U.S.


Trustee (RE: related document(s): 396 Pre-Trial Statement filed by
U.S. Trustee Office of the U.S. Trustee). (on Behalf of the United
01/02/2009 398 States Trustee by, Norma Hildenbrand,) (Entered: 01/02/2009)

Court Certified Transcript regarding Hearing Held 11/06/2008.


The transcript may be viewed at the Bankruptcy Court Clerk's
Office. For information about how to contact the transcriber, call
the Clerk's Office or contact the Court Reporter/Transcriber
VERITEXT REPORTING COMPANY, Telephone number 888-
706-4576. (RE: related document(s): 376 ). Notice of Intent to
Request Redaction due 1/15/2009. Redaction Request due
1/27/2009. Redacted Transcript Submission due 2/6/2009.
Remote electronic access to the transcript is restricted through
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 54/64
Exh p110/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Remote electronic access to the transcript is restricted through
01/06/2009 399 4/6/2009. (jhel). (Entered: 01/06/2009)

Notice of Filing of Transcript. Notice is hereby given that a


transcript of the hearing held on 11/6/2008 on Motion to Quash
and Four Separate Motions to Compel has been filed. Transcripts
are available for inspection only at the Clerk's Office or may be
purchased from the Court Transcriber during the 90 day restriction
period. (RE: related document(s): 399 Transcript). (jhel) (Entered:
01/06/2009 400 01/06/2009)

Order Setting Hearing on (RE: related document(s): 392 Motion in


Limine to Prohibit Offering Partially Produced Communications into
Evidence filed by U.S. Trustee Office of the U.S. Trustee).Hearing
scheduled for 1/26/2009 at 01:30 PM at p04 Courtroom D, 54th
Floor, U.S. Steel Tower, Pittsburgh. Judge Thomas P. Agresti will
preside over the hearing. Responses due by 1/20/2009. cm: Norma
01/06/2009 401 Hildenbrand, Esq. (dric) (Entered: 01/06/2009)

Order Setting Hearing on (RE: related document(s): 395 Motion in


Limine for Admission of Evidence Under Rules 404(b) and 406 of
the Federal Rules of Evidence filed by U.S. Trustee Office of the
U.S. Trustee).Hearing scheduled for 1/26/2009 at 01:30 PM at
p04 Courtroom D, 54th Floor, U.S. Steel Tower, Pittsburgh.
Judge Thomas P. Agresti will preside over the hearing. Responses
due by 1/20/2009. cm: Norma Hildenbrand, Esq.(dric) (Entered:
01/06/2009 402 01/06/2009)

Notice Regarding of Appearance and Substitution of Counsel.


Filed by Respondent Goldbeck McCafferty & McKeever and
01/07/2009 403 Leslie Puida, Esquire (Puida, Leslie) (Entered: 01/07/2009)

Notice Regarding Entry of Appearance and Substitution of


Counsel. Filed by Respondent Goldbeck McCafferty & McKeever
01/07/2009 404 and Leslie Puida, Esquire (Puida, Leslie) (Entered: 01/07/2009)

Motion for Protective Order to Countrywide Home Loans, Inc.


Notice of Oral Examination of Representative of the United
States Trustee Filed by U.S. Trustee Office of the U.S. Trustee.
(Attachments: # 1 Proposed Order) (on Behalf of the United States
01/07/2009 405 Trustee by, Norma Hildenbrand,) (Entered: 01/07/2009)

Response to Motion for Protective Order of Roberta


DeAngelis, Acting United States Trustee Regarding the Hearing
on 01/26/2009. Filed by Goldbeck McCafferty & McKeever and
Leslie Puida, Esquire (RE: related document(s): 384 Motion for
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 55/64
Exh p111/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Leslie Puida, Esquire (RE: related document(s): 384 Motion for
Protective Order filed by U.S. Trustee Office of the U.S. Trustee).
(Attachments: # 1 Proposed Order # 2 Certificate of Service)
01/07/2009 406 (Puida, Leslie) (Entered: 01/07/2009)

Certificate of Service Regarding the Hearing on 1/26/2009. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 394 Notice filed by U.S. Trustee Office of the U.S.
Trustee, 395 Motion filed by U.S. Trustee Office of the U.S.
Trustee). (on Behalf of the United States Trustee by, Norma
01/08/2009 407 Hildenbrand,) (Entered: 01/08/2009)

Certificate of Service Regarding the Hearing on 1/26/2009. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 392 Motion filed by U.S. Trustee Office of the U.S.
Trustee). (on Behalf of the United States Trustee by, Norma
Hildenbrand,) Modified on 1/9/2009 (aala). CORRECTIVE
ENTRY: ADDED RELATED DOCUMENT 401 ORDER
SETTING HEARING. IN THE FUTURE ATTORNEY MUST
LINK ALL DOCUMENTS THAT ARE SERVED ON A
01/08/2009 408 CERTIFICATE OF SERVICE. (Entered: 01/08/2009)

Corrective Entry: ADDED RELATED DOCUMENT 401


ORDER SETTING HEARING. IN THE FUTURE ATTORNEY
MUST LINK ALL DOCUMENTS THAT ARE SERVED ON A
CERTIFICATE OF SERVICE. (RE: related document(s): 392
Motion filed by U.S. Trustee Office of the U.S. Trustee, 401
Hearing w/o Forms, 408 Certificate of Service filed by U.S.
01/09/2009 409 Trustee Office of the U.S. Trustee). (aala) (Entered: 01/09/2009)

Amended Motion for Protective Order to Countrywide Home


Loans, Inc. Notice of Oral Examination of Representative of
the United States Trustee (Amended to Include Exhibits) Filed
by U.S. Trustee Office of the U.S. Trustee. (Attachments: # 1
Exhibit A# 2 Exhibit B# 3 Proposed Order) (on Behalf of the
United States Trustee by, Norma Hildenbrand,) (Entered:
01/09/2009 410 01/09/2009)

Certificate of Service Regarding the Hearing on 1/26/2009. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 410 Motion for Protective Order filed by U.S.
Trustee Office of the U.S. Trustee). (on Behalf of the United States
01/13/2009 411 Trustee by, Norma Hildenbrand,) (Entered: 01/13/2009)

Response to Motion for Protective Order By Roberta A.


DeAngelis Acting United States Trustee for Region 3 to
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 56/64
Exh p112/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
DeAngelis Acting United States Trustee for Region 3 to
Countrywide Home Loans, Inc. (SIC) Notice of Oral
Examination of Representative of the United States Trustee
Regarding the Hearing on 01/26/09. Filed by Countrywide Home
Loan, Inc. (RE: related document(s): 405 Motion for Protective
Order filed by U.S. Trustee Office of the U.S. Trustee, 410 Motion
for Protective Order filed by U.S. Trustee Office of the U.S.
01/15/2009 412 Trustee). (Davis, Dorothy) (Entered: 01/15/2009)

Order Signed on 1/16/2009 (RE: related document(s): 410 Motion


for Protective Order filed by Office of the U.S. Trustee, 412
Response filed by Creditor Countrywide Home Loan, Inc.).
Countrywide Home Loans, Inc. having filed a Response at
Document No. 412, to the United States Trustee's Motion for
Protective Order, filed to Document No. 410, it is hereby
ORDERED, ADJUDGED and DECREED that on or before 12:00
Noon on January 22, 2009, the United States Trustee shall file a
Reply to the "Further Matter in Opposition to the UST's Motion"
contained in Paragraphs 14 through 33 of Countrywide's
01/16/2009 413 Response. (gbro) (Entered: 01/16/2009)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 413 Order -Non-motion related-). Service Date
01/18/2009 414 01/18/2009. (Admin.) (Entered: 01/19/2009)

Response to Motion in Limine to Prohibit Offering Partially


Produced Communications into Evidence Regarding the Hearing
on 01/26/09. Filed by Goldbeck McCafferty & McKeever and
Leslie Puida, Esquire (RE: related document(s): 236 Motion filed
by U.S. Trustee Office of the U.S. Trustee, 392 Motion filed by
U.S. Trustee Office of the U.S. Trustee). (Attachments: # 1
Proposed Order # 2 Certificate of Service) (Puida, Leslie)
01/20/2009 415 (Entered: 01/20/2009)

Response to Motion in Limine for Admission of Evidence


Regarding the Hearing on 1/26/09. Filed by Goldbeck McCafferty
& McKeever and Leslie Puida, Esquire (RE: related document(s):
236 Motion filed by U.S. Trustee Office of the U.S. Trustee, 395
Motion filed by U.S. Trustee Office of the U.S. Trustee).
(Attachments: # 1 Proposed Order # 2 Exhibit A, Declaration of
Michael T. McKeever# 3 Certificate of Service) (Puida, Leslie)
01/20/2009 416 (Entered: 01/20/2009)

Brief/Memorandum in Support of Response to Motion in Limine


for Admission of Evidence Filed by Respondent Goldbeck
McCafferty & McKeever and Leslie Puida, Esquire (RE: related
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 57/64
Exh p113/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
McCafferty & McKeever and Leslie Puida, Esquire (RE: related
document(s): 416 Response filed by Respondent Goldbeck
McCafferty & McKeever and Leslie Puida, Esquire).
(Attachments: # 1 Certificate of Service) (Puida, Leslie) (Entered:
01/20/2009 417 01/20/2009)

Brief/Memorandum in Response to The United States Trustee's


Motion in Limine to Prohibit Countrywide Home Loans, Inc.
Goldbeck, McCafferty, and McKeever, and Attorney Leslie
Puida From Offering Into Evidence Partially Produced
Communications Filed by Creditor Countrywide Home Loan, Inc.
(RE: related document(s): 392 Motion filed by U.S. Trustee Office
of the U.S. Trustee, 401 Hearing w/o Forms). (Davis, Dorothy)
01/20/2009 418 (Entered: 01/20/2009)

Brief/Memorandum in Opposition to The United States Trustee's


Motion in Limine for Admission of Evidence Under Rules 404B
and 406 of The Federal Rules of Evidence Filed by Creditor
Countrywide Home Loan, Inc. (RE: related document(s): 354
Response filed by U.S. Trustee Office of the U.S. Trustee, 372
Order on Motion to Compel, 389 Hearing w/o Forms, 402
Hearing w/o Forms, 405 Motion for Protective Order filed by U.S.
Trustee Office of the U.S. Trustee, 410 Motion for Protective
Order filed by U.S. Trustee Office of the U.S. Trustee, 412
Response filed by Creditor Countrywide Home Loan, Inc., 413
Order -Non-motion related-). (Davis, Dorothy) (Entered:
01/20/2009 419 01/20/2009)

Response to Motion In Limine for Admission of Evidence


Under Rules 404B and 406 of The Federal Rules of Evidence
Regarding the Hearing on 01/26/2009 at 1:30 p.m.. Filed by
Countrywide Home Loan, Inc. (RE: related document(s): 405
Motion for Protective Order filed by U.S. Trustee Office of the
U.S. Trustee, 410 Motion for Protective Order filed by U.S.
Trustee Office of the U.S. Trustee). (Davis, Dorothy) (Entered:
01/20/2009 420 01/20/2009)

Pre-Trial Statement of Respondents Goldbeck, McCafferty &


McKeever and Leslie E. puida, Esquire Filed by Respondent
Goldbeck McCafferty & McKeever and Leslie Puida, Esquire
(Attachments: # 1 Exhibit A# 2 Certificate of Service) (Puida,
01/21/2009 421 Leslie) (Entered: 01/21/2009)

Pre-Trial Statement of Countrywide Home Loans, Inc. Filed by


Creditor Countrywide Home Loan, Inc. (Attachments: # 1 Exhibit
1) (Davis, Dorothy) (Entered: 01/21/2009)
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 58/64
Exh p114/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
01/21/2009 422 1) (Davis, Dorothy) (Entered: 01/21/2009)

Reply to Response of Countrywide Home Loans, Inc. Regarding


the Hearing on 01/26/2009. Filed by Office of the U.S. Trustee
(RE: related document(s): 410 Motion for Protective Order filed by
U.S. Trustee Office of the U.S. Trustee). (on Behalf of the United
01/22/2009 423 States Trustee by, Norma Hildenbrand,) (Entered: 01/22/2009)

Certificate of Service Regarding the Hearing on 1/26/2009. Filed


by U.S. Trustee Office of the U.S. Trustee (RE: related
document(s): 423 Reply filed by U.S. Trustee Office of the U.S.
Trustee). (on Behalf of the United States Trustee by, Norma
01/22/2009 424 Hildenbrand,) (Entered: 01/22/2009)

Order Signed on 1/27/2009 (RE: related document(s): 392 Motion


filed by U.S. Trustee Office of the U.S. Trustee). It Is Hereby
ORDERED, ADJUDGED and DECREED that further
consideration of the Motion is continued to the Pretrial Conference
to be scheduled by the Court in the near future, whether or not such
scheduling order makes specific reference to the Motion. (aala)
01/27/2009 425 (Entered: 01/27/2009)

Order Signed on 1/27/2009 (RE: related document(s): 395 Motion


filed by U.S. Trustee Office of the U.S. Trustee). It Is Hereby
ORDERED, ADJUDGED and DECREED that further
consideration of the Motion is continued to the Pretrial Status
Conference to be scheduled by the Court in the near future,
whether or not such scheduling order makes specific reference to
01/27/2009 426 the Motion. (aala) (Entered: 01/27/2009)

Hearing Held 1/26/09 (RE: related document(s): 395 Motion filed


by U.S. Trustee Office of the U.S. Trustee). The Court concluded
a decision on the Motion would be premature and will issue an
order continuing the motion to the pretrial status conference which
01/29/2009 427 is to be scheduled. (aala) (Entered: 01/29/2009)

Hearing Held 1/26/09 (RE: related document(s): 392 Motion filed


by U.S. Trustee Office of the U.S. Trustee). The court concluded a
decision on the Motion would be premature and will issue an order
continuing the motion to the pretrial status conference which is to be
01/29/2009 428 scheduled. (aala) (Entered: 01/29/2009)

Hearing Held 1/26/09 (RE: related document(s): 308 Motion to


Quash filed by Creditor Countrywide Home Loan, Inc.). The
remainder of the Motion will be Denied. An order will be entered
setting forth the procedure for the deposition of Mr. Townsend.
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 59/64
Exh p115/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
setting forth the procedure for the deposition of Mr. Townsend.
01/29/2009 429 (aala) (Entered: 01/29/2009)

Memorandum Order Signed on 1/28/2009 (RE: related


document(s): 308 Motion to Quash filed by Creditor Countrywide
Home Loan, Inc., 379 Supplement/Addendum filed by Creditor
Countrywide Home Loan, Inc.). cm: Dorothy A, Davis, Esq., John
W. Buss, Jr., Esq., Norma Hildenbrand, Esq. Office Of The U.S.
01/29/2009 430 Trustee (aala) (Entered: 01/29/2009)

Order Signed on 1/28/2009 - It is Hereby Ordered,Adjudged and


Decreed that the due date for the Consolidated Pretrial Statement
to be signed by all Parties is extended 10 days such that is shall be
filed by Movant on or before February 14, 2009. (RE: related
document(s): 292 Order Scheduling Trial, 382 Order). (aala)
01/29/2009 431 (Entered: 01/29/2009)

Hearing Held 1/26/09 (RE: related document(s): 384 Motion for


Protective Order filed by U.S. Trustee Office of the U.S. Trustee).
The motion will be GRANTED and an order will be entered
directing the UST to file amended answers to the interrogatories
and setting forth the procedure from that point forward if
Respondents still wish to depose a UST representative. (aala)
01/29/2009 432 (Entered: 01/29/2009)

Order Signed on 1/28/2009 The motion is DENIED, without


prejudice (RE: related document(s): 384 Motion for Protective
Order filed by U.S. Trustee Office of the U.S. Trustee). (aala)
01/29/2009 433 (Entered: 01/29/2009)

Hearing Held 1/26/09 (RE: related document(s): 410 Motion for


Protective Order filed by U.S. Trustee Office of the U.S. Trustee).
The Motion will be granted in part, although UST will be required
to Provide some additional information to Countrywide. Order to
01/29/2009 434 be entered detailing the Court's ruling. (aala) (Entered: 01/29/2009)

Order Granting Motion For Protective Order In Part (Related Doc


01/29/2009 435 # 410 ) Signed on 1/28/2009. (aala) (Entered: 01/29/2009)

Ordinary Transcript Requested by Norma Hildenbrand, Esq.


Office of the U.S. Trustee (RE: related document(s): 427 Hearing
Held, 428 Hearing Held, 429 Hearing Held, 432 Hearing Held,
434 Hearing Held). The transcript is being prepared by Veritext
Court Reporting Services. The estimated date of completion for this
01/29/2009 436 transcript is March 2, 3009. (aala) (Entered: 01/29/2009)

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 60/64
Exh p116/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…

Report Regarding the Oral Deposition of C. Charles Townsend,


Esquire Filed by U.S. Trustee Office of the U.S. Trustee
(Attachments: # 1 Proposed Order) (on Behalf of the United States
02/04/2009 437 Trustee by, Norma Hildenbrand,) (Entered: 02/04/2009)

Order Signed on 2/9/2009 It is hereby ORDERED, ADJUDGED


and DECREED that the Oral Examination of C. Charles
Townsend, Esquire shall be conducted on February 24, 2009 at
9:30 A.M. Central (10:30 A.M. Eastern Standard Time) (RE:
related document(s): 308 Motion to Quash filed by Creditor
Countrywide Home Loan, Inc., 379 Supplement/Addendum filed
by Creditor Countrywide Home Loan, Inc., 430 Memorandum
02/09/2009 438 Opinion and Order). (aala) (Entered: 02/09/2009)

Court Certified Transcript regarding Hearing Held 01/26/09. The


transcript may be viewed at the Bankruptcy Court Clerk's Office.
For information about how to contact the transcriber, call the
Clerk's Office or contact the Court Reporter/Transcriber Veritext
Reporting Company, Telephone number 516-608-2438. (RE:
related document(s): 436 Transcript Request filed by U.S. Trustee
Office of the U.S. Trustee).Notice of Intent to Request Redaction
due 2/24/2009. Redaction Request due 3/10/2009. Redacted
Transcript Submission due 3/20/2009. Remote electronic access to
the transcript is restricted through 5/18/2009. (Entered:
02/17/2009 439 02/17/2009)

Notice of Filing of Transcript. Notice is hereby given that a


transcript of the hearing held on 01/26/09 on Doc. Nos.
308,384,392,395 &410 has been filed. Transcripts are available
for inspection only at the Clerk's Office or may be purchased from
the Court Transcriber during the 90 day restriction period. (RE:
related document(s): 439 Transcript). (cyou) (Entered:
02/17/2009 440 02/17/2009)

Pre-Trial Statement Consolidated Filed by U.S. Trustee Office of


the U.S. Trustee (on Behalf of the United States Trustee by,
02/17/2009 441 Norma Hildenbrand,) (Entered: 02/17/2009)

Motion to Appear pro hac vice on behalf of Bradley C. Knapp


Filed by Creditor Countrywide Home Loan, Inc.. (Attachments: #
02/23/2009 442 1 Proposed Order) (Davis, Dorothy) (Entered: 02/23/2009)

Order Signed on 2/24/2009 - On or before March 15, 2009,


Respondents shall file a Brief - On or before March 30, 2009, The
UST shall file a Brief In Response - On or before April 9, 2009,
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 61/64
Exh p117/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
the respondents shall file any Reply Brief. (RE: related document(s):
236 Amended Motion for Rule To Show Cause filed by U.S.
02/24/2009 443 Trustee Office of the U.S. Trustee). (aala) (Entered: 02/24/2009)

Order Granting Motion To Appear pro hac vice Bradley C.


Knapp, Esq. for Countrywide Home Loans, Inc.. (Related Doc #
02/25/2009 444 442 ) Signed on 2/25/2009. (aala) (Entered: 02/25/2009)

Motion to Strike Paragraph 3 Of The United States Trustee's


Narrative Statement Of The Case Contained In The
Consolidated Pretrial Statement, or in the alternative Motion to
Compel The Deposition Of A Designated Representative Of The
United States Trustee Filed by Creditor Countrywide Home
Loan, Inc.. (Attachments: # 1 Proposed Order # 2 Exhibit 1# 3
02/27/2009 445 Exhibit 2# 4 Exhibit 3) (Davis, Dorothy) (Entered: 02/27/2009)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 444 Order on Motion to Appear pro hac vice).
02/27/2009 446 Service Date 02/27/2009. (Admin.) (Entered: 03/02/2009)

Order Signed on 3/3/2009 (RE: related document(s): 445 Motion


To Strike Paragraph 3 of the United States Trustee's Narrative
Statement of the Case Contained in the Consolidted Pretrial
Statement, or, Alternatively, To Compel the Deposition of a
Designated Representative of the United States Trustee filed by
Creditor Countrywide Home Loan, Inc.). The UST shall file a
Response to the Motion on or before March 13, 2009, and upon
receipt of such Response the Court will determine whether a
hearing on the Motion is necessary before resolving the matter.
03/04/2009 447 (gbro) (Entered: 03/04/2009)

BNC Certificate of Mailing - PDF Document. (RE: related


document(s): 447 Order -Non-motion related-). Service Date
03/06/2009 448 03/06/2009. (Admin.) (Entered: 03/07/2009)

Response to Countrywide Home Loans, Inc.'s Motion to Stike


Regarding the Hearing on no hearing scheduled. Filed by Office of
the U.S. Trustee (RE: related document(s): 445 Motion filed by
Creditor Countrywide Home Loan, Inc., Motion to Compel).
(Attachments: # 1 Proposed Order) (on Behalf of the United States
03/13/2009 449 Trustee by, Norma Hildenbrand,) (Entered: 03/13/2009)

Brief/Memorandum Filed by Respondent Goldbeck McCafferty &


McKeever and Leslie Puida, Esquire (RE: related document(s):
226 Order or Proceeding Memo Setting Hearing, 236 Motion filed
by U.S. Trustee Office of the U.S. Trustee, 264 Response filed by
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 62/64
Exh p118/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
by U.S. Trustee Office of the U.S. Trustee, 264 Response filed by
Creditor Countrywide Home Loan, Inc., 267 Response filed by
Creditor Countrywide Home Loan, Inc., 443 Order -Non-motion
related-). (Attachments: # 1 Certificate of Service) (Puida, Leslie)
03/16/2009 450 (Entered: 03/16/2009)

Brief/Memorandum on Issue of Jurisdiction Filed by Creditor


Countrywide Home Loan, Inc. (RE: related document(s): 236
Motion filed by U.S. Trustee Office of the U.S. Trustee, 443 Order
03/16/2009 451 -Non-motion related-). (Davis, Dorothy) (Entered: 03/16/2009)

Brief/Memorandum on Issue of Jurisdiction Filed by U.S. Trustee


Office of the U.S. Trustee (RE: related document(s): 443 Order -
Non-motion related-, 450 Brief/Memorandum filed by Respondent
Goldbeck McCafferty & McKeever and Leslie Puida, Esquire,
451 Brief/Memorandum filed by Creditor Countrywide Home
Loan, Inc.). (on Behalf of the United States Trustee by, Norma
03/30/2009 452 Hildenbrand,) (Entered: 03/30/2009)

Certificate of Service Filed by U.S. Trustee Office of the U.S.


Trustee (RE: related document(s): 452 Brief/Memorandum filed by
U.S. Trustee Office of the U.S. Trustee). (on Behalf of the United
03/30/2009 453 States Trustee by, Norma Hildenbrand,) (Entered: 03/30/2009)

Brief/Memorandum On Issue of Jurisdiction Filed by Creditor


Countrywide Home Loan, Inc. (RE: related document(s): 236
Motion filed by U.S. Trustee Office of the U.S. Trustee, 443 Order
-Non-motion related-, 450 Brief/Memorandum filed by
Respondent Goldbeck McCafferty & McKeever and Leslie Puida,
Esquire, 451 Brief/Memorandum filed by Creditor Countrywide
Home Loan, Inc., 452 Brief/Memorandum filed by U.S. Trustee
Office of the U.S. Trustee). (Davis, Dorothy) (Entered:
04/09/2009 454 04/09/2009)

PACER Service Center


Transaction Receipt
05/15/2009 08:08:26
PACER Client
dr2600
Login: Code:
01-22574-JAD Fil or Ent: filed Doc From:
Docket Search
0 Doc To: 99999999 Term: included
ecf.pawb.uscourts.gov/…/DktRpt.pl?… 63/64
Exh p119/264
5/15/2009 Pawb LIVE Database Area CM/ECF-B…
Docket Search
Description: 0 Doc To: 99999999 Term: included
Report Criteria:
Format: html
Billable
30 Cost: 2.40
Pages:

ecf.pawb.uscourts.gov/…/DktRpt.pl?… 64/64
Exh p120/264
z May 15, 2009

Exhibit 4

March 8, 2008 Memorandum Opinion(Doc #248)


Case of Borrower Parsley, Houston, TX
Exh p121/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 11 of 59

Exh p122/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 12 of 59

Exh p123/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 13 of 59

Exh p124/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 14 of 59

Exh p125/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 15 of 59

Exh p126/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 16 of 59

Exh p127/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 17 of 59

Exh p128/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 18 of 59

Exh p129/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 19 of 59

Exh p130/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 20 of 59

Exh p131/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 21 of 59

Exh p132/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 22 of 59

Exh p133/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 23 of 59

Exh p134/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 24 of 59

Exh p135/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 25 of 59

Exh p136/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 26 of 59

Exh p137/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 27 of 59

Exh p138/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 28 of 59

Exh p139/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 29 of 59

Exh p140/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 30 of 59

Exh p141/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 31 of 59

Exh p142/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 32 of 59

Exh p143/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 33 of 59

Exh p144/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 34 of 59

Exh p145/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 35 of 59

Exh p146/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 36 of 59

Exh p147/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 37 of 59

Exh p148/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 38 of 59

Exh p149/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 39 of 59

Exh p150/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 40 of 59

Exh p151/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 41 of 59

Exh p152/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 42 of 59

Exh p153/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 43 of 59

Exh p154/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 44 of 59

Exh p155/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 45 of 59

Exh p156/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 46 of 59

Exh p157/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 47 of 59

Exh p158/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 48 of 59

Exh p159/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 49 of 59

Exh p160/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 50 of 59

Exh p161/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 51 of 59

Exh p162/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 52 of 59

Exh p163/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 53 of 59

Exh p164/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 54 of 59

Exh p165/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 55 of 59

Exh p166/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 56 of 59

Exh p167/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 57 of 59

Exh p168/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 58 of 59

Exh p169/264
Case 2:08-cv-01550-VAP-CW Document 31 Filed 04/02/2008 Page 59 of 59

Exh p170/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 1 of 26

Exh p171/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 2 of 26

Exh p172/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 3 of 26

Exh p173/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 4 of 26

Exh p174/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 5 of 26

Exh p175/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 6 of 26

Exh p176/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 7 of 26

Exh p177/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 8 of 26

Exh p178/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 9 of 26

Exh p179/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 10 of 26

Exh p180/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 11 of 26

Exh p181/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 12 of 26

Exh p182/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 13 of 26

Exh p183/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 14 of 26

Exh p184/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 15 of 26

Exh p185/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 16 of 26

Exh p186/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 17 of 26

Exh p187/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 18 of 26

Exh p188/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 19 of 26

Exh p189/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 20 of 26

Exh p190/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 21 of 26

Exh p191/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 22 of 26

Exh p192/264
Case 2:08-cv-01550-VAP-CW Document 31-2 Filed 04/02/2008 Page 23 of 26

Exh p193/264
z May 15, 2009

Exhibit 5
May 12, 2009 Pacer docket
Case of Borrower Parsley, Houston, TX

Exh p194/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…

PlnDue, DUPFILER

U.S. Bankruptcy Court


Southern District of Texas (Houston)
Bankruptcy Petition #: 05-90374
Date filed: 10/13/2005
Assigned to: Jeff Bohm
Chapter 13
Voluntary
Asset

Debtor represented by Christopher Todd Morrison


William Allen Parsley Attorney at Law
14177 Shadow Bay Dr. 1306 Dorothy Street
Willis, TX 77318 Houston, Tx 77008
SSN / ITIN: xxx-xx-9597 713-863-1001
Fax : 713-863-0024
Email:
attyctm2100@yahoo.com

Trustee
David G Peake
Chapter 13 Trustee
9660 Hillcroft
Suite 430
Houston, TX 77096-3856
713-283-5400

U.S. Trustee represented by David Anthony Ortiz


US Trustee The United States Trustee
Office of the US Trustee 515 Rusk Ave
515 Rusk Ave Houston, TX 77002
Ste 3516 713-718-4659
Houston, TX 77002
713-718-4650 Sean McClain Haynes
U S Trustee
515 Rusk Ave
Ste 3516
Houston, TX 77002
713-718-4650

Stephen Douglas Statham


Office of US Trustee
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 1/33
Exh p195/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
Office of US Trustee
515 Rusk
Ste 3516
Houston, TX 77002
713-718-4650 x252
Fax : 713-718-4680
Email:
stephen.statham@usdoj.gov

Filing Date # Docket Text

Chapter 13 Voluntary Petition. Receipt Number o, Fee Amount


$194. Filed by William Allen Parsley (Morrison, Christopher)
10/13/2005 1 (Entered: 10/13/2005)

Chapter 13 Plan Summary Filed by William Allen Parsley


10/13/2005 2 (Morrison, Christopher) (Entered: 10/13/2005)

Fixed Fee Agreement filed by Debtor(s)'s counsel pursuant to


General Order 2004-5. Counsel has received $206.00, pre-
petition. Counsel's fixed fee is $2460.00. Counsel elects Option 3A
from the Official Form. Counsel has advanced $0.00 of the filing
fee. For matters for which the first hearing date is set more than
120 days following confirmation, the fixed fee for responses to
motions for relief from the stay is $250.00, for responses to chapter
13 trustee dismissal motions is $250.00, and for Debtor(s) motions
to modify the plan is $400.00. Filed by Attorney Christopher Todd
10/13/2005 3 Morrison (Morrison, Christopher) (Entered: 10/13/2005)

Motion to Pay Chapter 13 Trustee via Wage Order.


Objections/Request for Hearing Due in 20 days. Filed by Debtor
William Allen Parsley (Attachments: # 1 Proposed Order)
10/13/2005 4 (Morrison, Christopher) (Entered: 10/13/2005)

Schedules and Summary Filed by William Allen Parsley (Morrison,


10/17/2005 5 Christopher) (Entered: 10/17/2005)

Receipt Number 148954, Fee Amount $194. (Related


document(s): 1 Voluntary Petition (Chapter 13)). (klov, ) (Entered:
10/20/2005 10/21/2005)

Declaration for Electronic Filing of Bankruptcy Petition, Lists,


Statements, and Schedules submitted. (tcam, ) (Entered:
10/20/2005 11/01/2005)

ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 2/33
Exh p196/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
10/24/2005 6 Initial Order for Chapter 13 Case. (Entered: 10/24/2005)

10/25/2005 7 Initial Order for Chapter 13 Case. (Entered: 10/25/2005)

BNC Certificate of Mailing. (Related document(s): 6 Initial Order


for Chapter 13 Case) No. of Notices: 2. Service Date 10/27/2005.
10/27/2005 8 (Admin.) (Entered: 10/28/2005)

BNC Certificate of Mailing. (Related document(s): 7 Initial Order


for Chapter 13 Case) No. of Notices: 2. Service Date 10/28/2005.
10/28/2005 9 (Admin.) (Entered: 10/29/2005)

Chapter 13 Meeting of Creditors. 341(a) meeting to be held on


12/2/2005 at 10:30 AM at Houston, 515 Rusk Suite 3401. Proofs
10/31/2005 10 of Claims due by 3/2/2006. (Peake, David) (Entered: 10/31/2005)

BNC Certificate of Mailing - Meeting of Creditors. (Related


document(s): 10 Chapter 13 Meeting of Creditors (batch)) No. of
Notices: 28. Service Date 11/03/2005. (Admin.) (Entered:
11/03/2005 11 11/04/2005)

Notice of Appearance and Request for Notice Filed by R


Christopher Naylor Filed by on behalf of Mazda American Credit
11/11/2005 12 (Naylor, R) (Entered: 11/11/2005)

Motion for Entry of Agreed Order Filed by Creditor Mazda


American Credit (Attachments: # 1 Exhibit title# 2 Proposed
11/16/2005 13 Order) (Naylor, R) (Entered: 11/16/2005)

Proposed Order Submission After Hearing Filed by Mazda


American Credit (related document(s): 13 Motion for Entry of
12/05/2005 14 Agreed Order) (Naylor, R) (Entered: 12/05/2005)

Order Granting Motion for Entry of Agreed Order (Related Doc #


12/06/2005 15 13 ) Signed on 12/6/2005. (ctay, ) (Entered: 12/08/2005)

Meeting of Creditors Held. Debtor appeared, December 2, 2005


12/08/2005 (Peake, David) (Entered: 12/08/2005)

BNC Certificate of Mailing. (Related document(s): 15 Order on


Entry of Agreed Order) No. of Notices: 5. Service Date
12/10/2005 16 12/10/2005. (Admin.) (Entered: 12/11/2005)

Chapter 13 Trustee's Notice of Confirmation Hearing and Plan


Summary. Hearing scheduled for 2/27/2006 at 01:30 PM. (Peake,
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 3/33
Exh p197/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
12/22/2005 17 David) (Entered: 12/22/2005)

BNC Certificate of Mailing. (Related document(s): 17 Chapter 13


Trustee's Notice of Confirmation Hearing and Plan Summary) No.
of Notices: 45. Service Date 12/24/2005. (Admin.) (Entered:
12/24/2005 18 12/25/2005)

Chapter 13 Trustee's Motion to Dismiss Case. Hearing scheduled


01/26/2006 19 for 2/27/2006 at 01:30 PM. (Peake, David) (Entered: 01/26/2006)

BNC Certificate of Mailing. (Related document(s): 19 Chapter 13


Trustee's Motion to Dismiss Case) No. of Notices: 46. Service
01/28/2006 20 Date 01/28/2006. (Admin.) (Entered: 01/29/2006)

First Amended Chapter 13 Plan Summary Filed by William Allen


Parsley (Related document(s): 2 Chapter 13 Plan Summary)
02/08/2006 21 (Morrison, Christopher) (Entered: 02/08/2006)

Order Confirming Chapter 13 Plan Signed on 2/27/2006 (Related


document(s): 21 Amended Chapter 13 Plan Summary) (mkal, )
02/27/2006 23 (Entered: 03/01/2006)

Summary and Analysis of Chapter 13 Trustee. (Peake, David)


03/01/2006 22 (Entered: 03/01/2006)

BNC Certificate of Mailing. (Related document(s): 23 Order


Confirming Chapter 13 Plan) No. of Notices: 3. Service Date
03/03/2006 24 03/03/2006. (Admin.) (Entered: 03/04/2006)

Notice of Appearance and Request for Notice Filed by Mary A


Daffin Filed by on behalf of Countrywide Home Loans, Inc.
12/12/2006 25 (Daffin, Mary) (Entered: 12/12/2006)

Motion for Relief from Stay . Receipt Number cc, Fee Amount
$150. Filed by Creditor Countrywide Home Loans, Inc. Hearing
scheduled for 1/23/2007 at 09:00 AM at Houston, Courtroom 600
(JB). (Attachments: # 1 Proposed Order # 2 Exhibit Deed of
Trust# 3 Exhibit Payment History) (Sanov, Felicia) (Entered:
12/29/2006 26 12/29/2006)

Receipt Number 164292, Fee Amount $150.00. Paid by Barrett


01/18/2007 Burke Firm. (ejon, ) (Entered: 01/19/2007)

Objection (related document(s): 26 Motion for Relief From Stay, ).


Filed by William Allen Parsley (Attachments: # 1 Mortgage Pay
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 4/33
Exh p198/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
history and 2006 Transaction history) (Morrison, Christopher)
01/22/2007 27 (Entered: 01/22/2007)

Courtroom Minutes. Time Hearing Held: 9:00 A.M. Appearances:


W. Lee for Debtor, Y. Knesek for Movant. (Related document(s):
26 Preliminary Hearing: Motion for Relief From Stay of
Countrywide Home Loans, Inc. Final Hearing is scheduled for
2/6/2007 at 10:00 A.M. at Houston, Courtroom 600 (JB). (vatt)
01/23/2007 (Entered: 01/24/2007)

Courtroom Minutes. Time Hearing Held: 10:00 A.M.


Appearances: W. Thurmond for Movant. (Related document(s): 26
Final Hearing: Motion for Relief From Stay of Countrywide Home
Loans, Inc. Court to review the proposed order submitted by Mr.
02/06/2007 Thurmond. (vatt) (Entered: 02/07/2007)

Order Withdrawing Motion For Relief From Stay (Related Doc #


02/06/2007 28 26 ) Signed on 2/6/2007. (pwill, ) (Entered: 02/12/2007)

Order to Appear and Show Cause Signed on 2/12/2007 (Related


document(s): 26 Motion for Relief From Stay, ) Show Cause
hearing to be held on 3/5/2007 at 01:30 PM at Houston,
Courtroom 600 (JB). Copies of order sent via telefax to Felicia
Sanov, Christopher Morrison, Mary Daffin, Gabrielle Davidson,
and David Peake as directed. (kcar, ) Additional attachment(s)
02/12/2007 29 added on 2/12/2007 (kcar, ). (Entered: 02/12/2007)

BNC Certificate of Mailing. (Related document(s): 28 Order on


Motion For Relief From Stay) No. of Notices: 8. Service Date
02/14/2007 30 02/14/2007. (Admin.) (Entered: 02/15/2007)

BNC Certificate of Mailing. (Related document(s): 29 Order to


Show Cause, ) No. of Notices: 7. Service Date 02/14/2007.
02/14/2007 31 (Admin.) (Entered: 02/15/2007)

Supplemental Disclosure of Compensation of Attorney for Debtor


for Services rendered in Connection with Motion for Relief
from Stay filed by Countrywide Home Loans, Inc. (Filed By
William Allen Parsley ). (Morrison, Christopher) (Entered:
02/19/2007 32 02/19/2007)

Chapter 13 Trustee's Notice of Intent to Pay Claims. (Peake,


02/23/2007 33 David) (Entered: 02/23/2007)

BNC Certificate of Mailing. (Related document(s): 33 Chapter 13


Trustee's Notice of Intent to Pay Claims) No of Notices: 50
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 5/33
Exh p199/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
Trustee's Notice of Intent to Pay Claims) No. of Notices: 50.
02/25/2007 34 Service Date 02/25/2007. (Admin.) (Entered: 02/26/2007)

Transcript RE: Motion for Relief from Stay hearing held on


2/6/2007 before the Honorable Jeff Bohm. Transcript is available
for viewing in the office of the clerk fileroom. (sbyrum, ) (Entered:
02/26/2007 35 02/27/2007)

Transcript RE: 362 hearing held on 01/23/07 before the Honorable


Jeff Bohm. Transcript is available for viewing in the office of the
02/28/2007 36 clerk fileroom. (jgon, ) (Entered: 02/28/2007)

Notice of Appearance and Request for Notice Filed by William


Greendyke Filed by on behalf of Barrett Burke Wilson Castle
Daffin & Frappier, L.L.P. (Greendyke, William) (Entered:
03/02/2007 37 03/02/2007)

Response to Order to Show Cause. (Filed By Barrett Burke


Wilson Castle Daffin & Frappier, L.L.P. ).(Related document(s):
29 Order to Show Cause, ) (Attachments: # 1 Proposed Order)
03/02/2007 38 (Greendyke, William) (Entered: 03/02/2007)

Motion to Appear pro hac vice for David A. Ortiz. Filed by U.S.
03/02/2007 39 Trustee US Trustee (Statham, Stephen) (Entered: 03/02/2007)

Notice of Appearance and Request for Notice Filed by Stephen


Douglas Statham, US Trustee (Statham, Stephen) (Entered:
03/02/2007 03/02/2007)

Statement of the United States Trustee (Filed By US Trustee


).(Related document(s): 29 Order to Show Cause, ) (Attachments:
# 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3) (Statham, Stephen)
03/02/2007 40 (Entered: 03/02/2007)

Response. Filed by William Allen Parsley (Attachments: # 1 Copy


of Response E-mail to BBWCDF) (Morrison, Christopher)
03/02/2007 41 (Entered: 03/02/2007)

Response to Order Amended Response to Show Cause Order.


(Filed By Barrett Burke Wilson Castle Daffin & Frappier, L.L.P.
).(Related document(s): 29 Order to Show Cause, ) (Attachments:
# 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order)
03/05/2007 42 (Greendyke, William) (Entered: 03/05/2007)

Emergency Motion to Strike or, in the Alternative, Limit Issues


ecf.txsb.uscourts.gov/…/DktRpt.pl?2…
and/or Continue Show Cause Hearing Filed by Attorney Barrett6/33
Exh p200/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
and/or Continue Show Cause Hearing Filed by Attorney Barrett
Burke Wilson Castle Daffin & Frappier, L.L.P. (Attachments: # 1
03/05/2007 43 Proposed Order) (Greendyke, William) (Entered: 03/05/2007)

Emergency Motion for Emergency Hearing on Motion to Strike


(Dkt. No. 43) or, in the Alternative, Limit Issues and/or
Continue Show Cause Hearing Filed by Attorney Barrett Burke
Wilson Castle Daffin & Frappier, L.L.P. (Attachments: # 1
03/05/2007 44 Proposed Order) (Greendyke, William) (Entered: 03/05/2007)

Exhibit List (Filed By William Allen Parsley ).(Related document(s):


03/05/2007 45 41 Response) (Morrison, Christopher) (Entered: 03/05/2007)

Courtroom Minutes. Time Hearing Held: 1:30PM. Appearances: S


Statham, D. Ortiz, W. Greendyke, M. Madan, C. Morrison
(Related document(s): 29 Order to Show Cause: Exhibits for for
Barrett Burke: Exhibits 3 thru 5, 7 thru 11, 13, 14, 16 & 17
admitted without objection. Exhibits, 6, 12, 15, 1 & 2 Court takes
judicial notice. Witness for Barret Burke: Sanov (direct only by
Greendyke) Witnesses for Countrywide: Lois Ortiz,and John
Schlotter. Hearing continued to 6/26/07 at 1:30 p.m. 44
Emergency Motion for Expedited Hearing: Granted, order signed.
43 Emergency Motion; Court will issue order. 39 Motion to
Appear pro hac vice, Attorney David Ortiz; approved, order
03/05/2007 signed. (rste, ) (Entered: 03/06/2007)

Order Granting Motion To Appear pro hac vice (Related Doc # 39


03/05/2007 47 ) Signed on 3/5/2007. (smur, ) (Entered: 03/06/2007)

Order Granting Emergency Motion (Related Doc # 44 ) and


Setting a Hearing on Barrett Burke's Motion to Strike UST
Response (Related Doc # 43 ) on 3/5/07 at 1:30 pm Signed on
03/06/2007 46 3/6/2007. (cpeebles) (Entered: 03/06/2007)

Hearing Set On (Related document(s): 43 Emergency Motion)


Hearing scheduled for 3/5/2007 at 01:30 PM at Houston,
03/06/2007 Courtroom 600 (JB). (cpeebles) (Entered: 03/06/2007)

Order Granting in part, Denying in part Emergency Motion


(Related Doc # 43 ) Signed on 3/6/2007. (esmi, ) (Entered:
03/06/2007 48 03/06/2007)

Hearing Set On Show Cause hearing to be held on 6/26/2007 at


01:30 PM at Houston, Courtroom 600 (JB). (esmi, ) (Entered:
03/06/2007 03/06/2007)
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 7/33
Exh p201/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…

Transcript RE: Show Cause hearing held on 1:48-1:59 p.m./2:15


p.m-4:00 p.m. before the Honorable Jeffrey Bohm. Transcript is
available for viewing in the office of the clerk fileroom. (Related
document(s): 29 Order to Show Cause, ) (ltre, ) Additional
03/07/2007 53 attachment(s) added on 3/14/2007 (ltre, ). (Entered: 03/14/2007)

BNC Certificate of Mailing. (Related document(s): 46 Order on


Emergency Motion) No. of Notices: 10. Service Date 03/08/2007.
03/08/2007 49 (Admin.) (Entered: 03/09/2007)

BNC Certificate of Mailing. (Related document(s): 47 Order on


Motion to Appear pro hac vice) No. of Notices: 11. Service Date
03/08/2007 50 03/08/2007. (Admin.) (Entered: 03/09/2007)

BNC Certificate of Mailing. (Related document(s): 48 Order on


Emergency Motion) No. of Notices: 11. Service Date 03/08/2007.
03/08/2007 51 (Admin.) (Entered: 03/09/2007)

Supporting Brief (Filed By Barrett Burke Wilson Castle Daffin &


Frappier, L.L.P. ).(Related document(s): 42 Response to Order,,
38 Response to Order) (Greendyke, William) (Entered:
03/14/2007 52 03/14/2007)

Notice Barrett Burke Wilson Castle Daffin & Frappier, L.L.P.'s


Notice of Change to Policy Concerning Referral Engagements.
Filed by Barrett Burke Wilson Castle Daffin & Frappier, L.L.P.
04/27/2007 54 (Greendyke, William) (Entered: 04/27/2007)

Notice of Request for Clarification regarding Supplementation


of Court's Order Requiring Countrywide Home Loans, Inc. to
Appear and Show Cause Why it Should not be Sanctioned for
Filing a Motion for Relief from Stay Containing Inaccurate
Debt Figures and Inaccurate Allegations Concerning
Payments Received from the Debtor. Filed by US Trustee
05/04/2007 55 (Statham, Stephen) (Entered: 05/04/2007)

Motion to Appear pro hac vice Sean McClain Haynes. Filed by


U.S. Trustee US Trustee (Statham, Stephen) (Entered:
05/11/2007 56 05/11/2007)

Order Regarding Continued Hearing to be held on June 26, 2007


05/18/2007 57 Signed on 5/18/2007 (ddar, ) (Entered: 05/18/2007)

BNC Certificate of Mailing. (Related document(s): 57 Generic


Order) No. of Notices: 11. Service Date 05/20/2007. (Admin.)
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 8/33
Exh p202/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
05/20/2007 58 (Entered: 05/21/2007)

Notice of Appearance and Request for Notice Filed by Lynn


Chuang Kramer Filed by on behalf of McCalla Raymer, LLC
05/25/2007 59 (Kramer, Lynn) (Entered: 05/25/2007)

Motion to Continue Hearing On (related document(s): 48 Order on


Emergency Motion). Filed by U.S. Trustee US Trustee
(Attachments: # 1 Proposed Order) (Statham, Stephen) (Entered:
05/29/2007 60 05/29/2007)

Motion for Expedited Consideration (related document(s): 60


Motion to Continue/Reschedule Hearing). Filed by U.S. Trustee
US Trustee (Attachments: # 1 Proposed Order) (Statham,
05/29/2007 61 Stephen) (Entered: 05/29/2007)

Notice of Filing Declaration of Sean M. Haynes Re:


Compliance With BLR 2004. Filed by US Trustee (Attachments:
# 1 Exhibit Declaration Part 1# 2 Exhibit Declaration Part 2)
05/29/2007 62 (Statham, Stephen) (Entered: 05/29/2007)

Notice of Examination - Countrywide Representative. Filed by


05/29/2007 63 US Trustee (Statham, Stephen) (Entered: 05/29/2007)

Notice of Examination - Lois Ortiz. Filed by US Trustee


05/29/2007 64 (Statham, Stephen) (Entered: 05/29/2007)

Notice of Examination - Barrett Burke Representative. Filed by


05/29/2007 65 US Trustee (Statham, Stephen) (Entered: 05/29/2007)

Notice of Examination - Mary Daffin. Filed by US Trustee


05/29/2007 66 (Statham, Stephen) (Entered: 05/29/2007)

Notice of Examination - Marilee Madan. Filed by US Trustee


05/29/2007 67 (Statham, Stephen) (Entered: 05/29/2007)

Notice of Examination - Yvonne Knesek. Filed by US Trustee


05/29/2007 68 (Statham, Stephen) (Entered: 05/29/2007)

Notice of Examination - Chris Reilly. Filed by US Trustee


05/29/2007 69 (Statham, Stephen) (Entered: 05/29/2007)

Notice of Examination - Gabrielle Davidson. Filed by US


05/29/2007 70 Trustee (Statham, Stephen) (Entered: 05/29/2007)

ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 9/33
Exh p203/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
Notice of Examination - McCalla Raymer Representative. Filed
05/29/2007 71 by US Trustee (Statham, Stephen) (Entered: 05/29/2007)

Notice of Examination - Felicia Sanov. Filed by US Trustee


05/29/2007 72 (Statham, Stephen) (Entered: 05/29/2007)

Notice of Examination - John Schlotter. Filed by US Trustee


05/29/2007 73 (Statham, Stephen) (Entered: 05/29/2007)

Notice of Examination - Kim Woods. Filed by US Trustee


05/29/2007 74 (Statham, Stephen) (Entered: 05/29/2007)

Response (related document(s): 60 Motion to Continue/Reschedule


Hearing). Filed by Barrett Burke Wilson Castle Daffin & Frappier,
05/31/2007 75 L.L.P. (Spears, Berry) (Entered: 05/31/2007)

Emergency Motion Request For Emergency Hearing On Barrett


Burke's Response To Motion Of The United States Trustee For
Continuance Of Hearing Filed by Attorney Barrett Burke Wilson
Castle Daffin & Frappier, L.L.P. (Attachments: # 1 Proposed
05/31/2007 76 Order) (Spears, Berry) (Entered: 05/31/2007)

Order Granting Emergency Motion (Related Doc # 76 ) Signed on


05/31/2007 77 5/31/2007. (jgon, ) (Entered: 05/31/2007)

Hearing Set On (Related document(s): 75 Response) Hearing


scheduled for 6/5/2007 at 08:00 AM at Houston, Courtroom 600
05/31/2007 (JB). (jgon, ) (Entered: 05/31/2007)

Notice . Filed by US Trustee (Statham, Stephen) (Entered:


05/31/2007 78 05/31/2007)

Notice of Joinder in Response of Barrett Burke. (Related


document(s): 60 Motion to Continue/Reschedule Hearing) Filed by
Countrywide Home Loans, Inc. (Freeman, Elizabeth) (Entered:
06/01/2007 79 06/01/2007)

Notice of Joinder in Request for Emergency Hearing. (Related


document(s): Hearing (Bk)) Filed by Countrywide Home Loans,
06/01/2007 80 Inc. (Freeman, Elizabeth) (Entered: 06/01/2007)

Response (related document(s): 60 Motion to Continue/Reschedule


Hearing). Filed by McCalla Raymer, LLC (Floyd, Ben) (Entered:
06/01/2007 81 06/01/2007)

ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 10/33
Exh p204/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
Emergency Motion Joinder in Request For Emergency Hearing
On Barrett Burke's Response To Motion Of The United States
Trustee For Continuance Of Hearing Filed by Interested Party
McCalla Raymer, LLC (Attachments: # 1 Proposed Order)
06/01/2007 82 (Kramer, Lynn) (Entered: 06/01/2007)

Motion for Protective Order Filed by Attorney Barrett Burke


Wilson Castle Daffin & Frappier, L.L.P. (Attachments: # 1
06/01/2007 83 Proposed Order) (Spears, Berry) (Entered: 06/01/2007)

Emergency Motion Request For Emergency Hearing On Barrett


Burke's Emergency Motion For Protection Filed by Attorney
Barrett Burke Wilson Castle Daffin & Frappier, L.L.P.
(Attachments: # 1 Proposed Order) (Spears, Berry) (Entered:
06/01/2007 84 06/01/2007)

Response (Filed By Barrett Burke Wilson Castle Daffin &


Frappier, L.L.P. ).(Related document(s): 78 Notice) (Spears,
06/01/2007 85 Berry) (Entered: 06/01/2007)

Motion for Protective Order Filed by Creditor Countrywide Home


Loans, Inc. (Attachments: # 1 Proposed Order) (Freeman,
06/01/2007 86 Elizabeth) (Entered: 06/01/2007)

Motion for Expedited Consideration (related document(s): 86


Motion for Protective Order). Filed by Creditor Countrywide
Home Loans, Inc. (Attachments: # 1 Proposed Order) (Freeman,
06/01/2007 87 Elizabeth) (Entered: 06/01/2007)

Response (related document(s): 83 Motion for Protective Order,


84 Emergency Motion). Filed by US Trustee (Attachments: # 1
06/01/2007 88 Proposed Order) (Statham, Stephen) (Entered: 06/01/2007)

Motion to Appear pro hac vice by Steven Jay Katzman. Filed by


U.S. Trustee US Trustee (Attachments: # 1 Certificate of Service#
06/01/2007 89 2 Proposed Order) (Statham, Stephen) (Entered: 06/01/2007)

Motion to Appear pro hac vice by Richard E. Byrne. Filed by


U.S. Trustee US Trustee (Attachments: # 1 Certificate of service#
06/01/2007 90 2 Proposed Order) (Statham, Stephen) (Entered: 06/01/2007)

Certificate Amended Certificate of Service (Filed By US Trustee


06/01/2007 91 ). (Statham, Stephen) (Entered: 06/01/2007)

BNC Certificate of Mailing. (Related document(s): 77 Order on


ecf.txsb.uscourts.gov/…/DktRpt.pl?2… E M ti ) N f N ti 13 S i D t 06/02/2007 11/33
Exh p205/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
Emergency Motion) No. of Notices: 13. Service Date 06/02/2007.
06/02/2007 92 (Admin.) (Entered: 06/03/2007)

Order Approving Motion of Richard E. Byrne To Appear pro hac


vice (Related Doc # 90 ) Signed on 6/4/2007. (cpeebles, )
06/04/2007 93 (Entered: 06/04/2007)

Order Granting Motion To Appear pro hac vice (Related Doc # 89


06/04/2007 94 ) Signed on 6/4/2007. (ltre, ) (Entered: 06/04/2007)

Order Granting Motion For Expedited Consideration (Related Doc


# 87 ) Signed on 6/4/2007. Hearing scheduled for 6/5/2007 at
08:00 AM at Houston, Courtroom 600 (JB). (btho, ) (Entered:
06/04/2007 95 06/04/2007)

Order Regarding Hearings to be held Signed on 6/4/2007 (btho, )


06/04/2007 96 (Entered: 06/04/2007)

Hearing Set On (Related document(s): 75 Response, 86 Motion


for Protective Order) Hearing scheduled for 6/5/2007 at 08:00
AM at Houston, Courtroom 600 (JB). (btho, ) (Entered:
06/04/2007 06/04/2007)

Motion for Protective Order Filed by Interested Party McCalla


Raymer, LLC (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 Proposed Order) (Kramer, Lynn) (Entered:
06/04/2007 97 06/04/2007)

Emergency Motion Requesting Emergency Hearing on the


Emergency Motion for Protection of McCalla Raymer, LLC
Pursuant to Federal Rule of Bankruptcy Procedure 2004 and
Motion for Protective Order Filed by Interested Party McCalla
Raymer, LLC (Attachments: # 1 Proposed Order) (Kramer, Lynn)
06/04/2007 98 (Entered: 06/04/2007)

Amended Order Regarding Hearings to be Held at 8:00 AM on


June 5, 2007 Signed on 6/4/2007 (Related document(s): 97
Motion for Protective Order,, 83 Motion for Protective Order, 75
Response, 86 Motion for Protective Order) Hearing scheduled for
6/5/2007 at 08:00 AM at Houston, Courtroom 600 (JB). (smur, )
06/04/2007 99 (Entered: 06/04/2007)

Order Granting Emergency Motion (Related Doc # 84 ) Signed on


06/04/2007 100 6/4/2007. (smur, ) (Entered: 06/04/2007)
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 12/33
Exh p206/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…

Order Granting Emergency Motion (Related Doc # 98 ) Signed on


06/04/2007 101 6/4/2007. (smur, ) (Entered: 06/04/2007)

Courtroom Minutes. Time Hearing Held: 8:00 A.M. Appearances:


S.D. Statham/S.J. Katzman/D.A. Ortiz/R.E. Byrne/S.M. Haynes
for US Trustee, W. Greendyke/J. Cornwell for Barrett Burke, et
al., B.B. Floyd/L.C. Kramer for McCalla Raymer, L.L.C., E.
Freeman for Countrywide Home Loans, Inc. (Related document(s):
60 Motion to Continue Hearing on # 48 filed by U.S. Trustee.
Arguments heard. Court to review and enter appropriate order. 83
Motion for Protective Order filed by Attorney Barrett Burke
Wilson Castle Daffin & Frappier, L.L.P. Court to review and enter
appropriate order. 86 Motion for Protective Order filed by
Creditor Countrywide Home Loans, Inc. Court to review and enter
appropriate order. 97 Motion for Protective Order filed by
Interested Party McCalla Raymer, L.L.C. Court to review and
enter appropriate order. 56 Motion to Appear pro hac vice Sean
McClain Haynes filed by U.S. Trustee. Motion Granted Order
06/04/2007 Signed. (vatt) (Entered: 06/11/2007)

Order Granting Motion To Appear pro hac vice (Related Doc # 56


06/05/2007 102 ) Signed on 6/5/2007. (esmi, ) (Entered: 06/05/2007)

Supplemental Motion for Protective Order Filed by Attorney


Barrett Burke Wilson Castle Daffin & Frappier, L.L.P.
(Attachments: # 1 Exhibit A) (Greendyke, William) (Entered:
06/05/2007 103 06/05/2007)

Emergency Motion For Expedited Consideration Of Its


Supplement To Emergency Motion For Protection Filed by
Attorney Barrett Burke Wilson Castle Daffin & Frappier, L.L.P.
(Attachments: # 1 Proposed Order) (Greendyke, William)
06/05/2007 104 (Entered: 06/05/2007)

Order Granting Motion To Continue/Reschedule Hearing (Related


Doc # 60 ) Signed on 6/6/2007. Hearing scheduled for 7/27/2007
at 08:30 AM at Houston, Courtroom 600 (JB). (cpeebles, )
06/06/2007 105 (Entered: 06/06/2007)

Findings of Fact and Conclusions of Law Signed on 6/6/2007


(Related document(s): 97 Motion for Protective Order, 83 Motion
for Protective Order, 86 Motion for Protective Order) (cpeebles, )
06/06/2007 106 (Entered: 06/06/2007)

Order Regarding Barrett Burke's Emergency Motion for Protection


ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 13/33
Exh p207/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
(Related Doc # 83 ) Signed on 6/6/2007. (cpeebles, ) (Entered:
06/06/2007 107 06/06/2007)

Order Regarding Countrywide Home Loan, Inc.'s Emergency


Motion for Protective Order (Related Doc # 86 ) Signed on
06/06/2007 108 6/6/2007. (cpeebles, ) (Entered: 06/06/2007)

Order Regarding McCalla Raymer, LLC's Emergency Motion For


Protective Order (Related Doc # 97 ) Signed on 6/6/2007.
06/06/2007 109 (cpeebles, ) (Entered: 06/06/2007)

Notice of Intent Not to Respond. Filed by US Trustee (Statham,


06/06/2007 110 Stephen) (Entered: 06/06/2007)

BNC Certificate of Mailing. (Related document(s): 93 Order on


Motion to Appear pro hac vice) No. of Notices: 15. Service Date
06/06/2007 111 06/06/2007. (Admin.) (Entered: 06/07/2007)

BNC Certificate of Mailing. (Related document(s): 94 Order on


Motion to Appear pro hac vice) No. of Notices: 16. Service Date
06/06/2007 112 06/06/2007. (Admin.) (Entered: 06/07/2007)

BNC Certificate of Mailing. (Related document(s): 95 Order on


Motion for Expedited Consideration) No. of Notices: 16. Service
06/06/2007 113 Date 06/06/2007. (Admin.) (Entered: 06/07/2007)

BNC Certificate of Mailing. (Related document(s): 96 Generic


Order) No. of Notices: 16. Service Date 06/06/2007. (Admin.)
06/06/2007 114 (Entered: 06/07/2007)

BNC Certificate of Mailing. (Related document(s): 99 Order


Setting Hearing, ) No. of Notices: 16. Service Date 06/06/2007.
06/06/2007 115 (Admin.) (Entered: 06/07/2007)

BNC Certificate of Mailing. (Related document(s): 100 Order on


Emergency Motion) No. of Notices: 16. Service Date 06/06/2007.
06/06/2007 116 (Admin.) (Entered: 06/07/2007)

BNC Certificate of Mailing. (Related document(s): 101 Order on


Emergency Motion) No. of Notices: 16. Service Date 06/06/2007.
06/06/2007 117 (Admin.) (Entered: 06/07/2007)

Transcript RE: #60 Motion for Continuance of Show Cause


Hearing, #83 & #84 Motions for Protection and Emergency
Hearing held on 6/5/07 before Judge Jeff Bohm. Transcript is
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 14/33
Exh p208/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
available for viewing in the office of the clerk fileroom.
06/06/2007 118 (Attachments: # 1 continuation) (dcla, ) (Entered: 06/07/2007)

BNC Certificate of Mailing. (Related document(s): 102 Order on


Motion to Appear pro hac vice) No. of Notices: 16. Service Date
06/07/2007 119 06/07/2007. (Admin.) (Entered: 06/08/2007)

BNC Certificate of Mailing. (Related document(s): 105 Order on


Motion to Continue/Reschedule Hearing) No. of Notices: 16.
06/08/2007 120 Service Date 06/08/2007. (Admin.) (Entered: 06/09/2007)

BNC Certificate of Mailing. (Related document(s): 106 Findings of


Fact and Conclusions of Law) No. of Notices: 16. Service Date
06/08/2007 121 06/08/2007. (Admin.) (Entered: 06/09/2007)

BNC Certificate of Mailing. (Related document(s): 107 Order on


Motion for Protective Order) No. of Notices: 16. Service Date
06/08/2007 122 06/08/2007. (Admin.) (Entered: 06/09/2007)

BNC Certificate of Mailing. (Related document(s): 108 Order on


Motion for Protective Order) No. of Notices: 16. Service Date
06/08/2007 123 06/08/2007. (Admin.) (Entered: 06/09/2007)

BNC Certificate of Mailing. (Related document(s): 109 Order on


Motion for Protective Order) No. of Notices: 16. Service Date
06/08/2007 124 06/08/2007. (Admin.) (Entered: 06/09/2007)

Notice of Examination - Debbie Jacobs. Filed by US Trustee


06/13/2007 125 (Statham, Stephen) (Entered: 06/13/2007)

Notice of Examination - Regina Chatman. Filed by US Trustee


06/13/2007 126 (Statham, Stephen) (Entered: 06/13/2007)

Notice of Intent to Conduct Examination of Cedric Morris.


06/14/2007 127 Filed by US Trustee (Statham, Stephen) (Entered: 06/14/2007)

Notice of Intent to Conduct Examination of Jeffrey Kemp.


06/14/2007 128 Filed by US Trustee (Statham, Stephen) (Entered: 06/14/2007)

Notice of Intent to Conduct Examination of Christopher Reilly.


06/14/2007 129 Filed by US Trustee (Statham, Stephen) (Entered: 06/14/2007)

Notice of Intent to Conduct Examination of Felicia Sanov.


06/14/2007 130 Filed by US Trustee (Statham, Stephen) (Entered: 06/14/2007)

ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 15/33
Exh p209/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
Notice of Intent to Conduct Examination of Walter Thurmond.
06/14/2007 131 Filed by US Trustee (Statham, Stephen) (Entered: 06/14/2007)

Notice of Intent to Conduct Examination of Rita Garcia. Filed


06/15/2007 132 by US Trustee (Statham, Stephen) (Entered: 06/15/2007)

Motion for Entry of Agreed Order Filed by Attorney Barrett Burke


Wilson Castle Daffin & Frappier, L.L.P. (Attachments: # 1 Exhibit
A - Agreed Confidentiality Order) (Greendyke, William) (Entered:
06/15/2007 133 06/15/2007)

Emergency Motion Motion for Expedited Consideration of


Motion for Entry of Agreed Confidentiality Order Filed by
Attorney Barrett Burke Wilson Castle Daffin & Frappier, L.L.P.
(Attachments: # 1 Proposed Order) (Greendyke, William)
06/15/2007 134 (Entered: 06/15/2007)

Order Granting Emergency Motion (Related Doc # 134 ) Signed


06/18/2007 135 on 6/18/2007. (rvaz, ) (Entered: 06/18/2007)

Order Mooting Emergency Motion (Related Doc # 104 ) Signed


06/18/2007 136 on 6/18/2007. (kosb, ) (Entered: 06/18/2007)

Order Granting Motion for Entry of Agreed Order (Related Doc #


06/18/2007 137 133 ) Signed on 6/18/2007. (rvaz, ) (Entered: 06/18/2007)

Notice of Intent to Conduct Examination of Sabrina LaPell.


Filed by US Trustee (Attachments: # 1 Exhibit) (Statham, Stephen)
06/19/2007 138 (Entered: 06/19/2007)

BNC Certificate of Mailing. (Related document(s): 135 Order on


Emergency Motion) No. of Notices: 17. Service Date 06/20/2007.
06/20/2007 139 (Admin.) (Entered: 06/21/2007)

BNC Certificate of Mailing. (Related document(s): 136 Order on


Emergency Motion) No. of Notices: 17. Service Date 06/20/2007.
06/20/2007 140 (Admin.) (Entered: 06/21/2007)

BNC Certificate of Mailing. (Related document(s): 137 Order on


Entry of Agreed Order) No. of Notices: 17. Service Date
06/20/2007 141 06/20/2007. (Admin.) (Entered: 06/21/2007)

Notice of Examination - Countrywide representative / records


custodian. Filed by US Trustee (Statham, Stephen) (Entered:
07/03/2007 142 07/03/2007)
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 16/33
Exh p210/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…

Notice of Examination - Jill Ballentine. Filed by US Trustee


07/03/2007 143 (Statham, Stephen) (Entered: 07/03/2007)

Notice of Examination - Raquel Black. Filed by US Trustee


07/03/2007 144 (Statham, Stephen) (Entered: 07/03/2007)

Notice of Examination - Latoya President. Filed by US Trustee


07/06/2007 145 (Statham, Stephen) (Entered: 07/06/2007)

Motion for Protective Order Filed by Creditor Countrywide Home


Loans, Inc. (Attachments: # 1 Proposed Order) (Freeman,
07/11/2007 146 Elizabeth) (Entered: 07/11/2007)

Motion to Expedite Hearing (related document(s): 146 Motion for


Protective Order). Filed by Creditor Countrywide Home Loans,
Inc. (Attachments: # 1 Proposed Order) (Freeman, Elizabeth)
07/11/2007 147 (Entered: 07/11/2007)

Amended Motion for Expedited Consideration (related


document(s): 146 Motion for Protective Order, 147 Motion to
Expedite Hearing). Filed by Creditor Countrywide Home Loans,
07/12/2007 148 Inc. (Hayward, Melissa) (Entered: 07/12/2007)

Order Denying Motion Expedite Hearing (Related Doc # 147 )


07/12/2007 149 Signed on 7/12/2007. (blac, ) (Entered: 07/12/2007)

Proposed Order RE: Request for Emergency Hearing (Filed By


Countrywide Home Loans, Inc. ).(Related document(s): 148
Motion for Expedited Consideration) (Hayward, Melissa) (Entered:
07/12/2007 150 07/12/2007)

Order Granting Motion For Expedited Consideration (Related Doc


# 148 ) Signed on 7/12/2007. Hearing scheduled for 7/13/2007 at
02:30 PM at Houston, Courtroom 600 (JB). (mmap, ) (Entered:
07/12/2007 151 07/12/2007)

Notice of Hearing. (Related document(s): 151 Order on Motion


for Expedited Consideration) Filed by Countrywide Home Loans,
07/12/2007 152 Inc. (Hayward, Melissa) (Entered: 07/12/2007)

Motion to Appear by Telephone. Objections/Request for Hearing


Due in 20 days Filed by U.S. Trustee US Trustee (Attachments: #
07/12/2007 153 1 Proposed Order) (Statham, Stephen) (Entered: 07/12/2007)

ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 17/33
Exh p211/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
Order Granting Motion to Appear by Telephone (Related Doc #
07/13/2007 154 153 ) Signed on 7/13/2007. (kosb, ) (Entered: 07/13/2007)

UNDER SEAL. Response (related document(s): 146 Motion for


Protective Order). Filed by US Trustee (mmap, )modified (mmap)
07/13/2007 155 (Entered: 07/13/2007)

Courtroom Minutes. Time Hearing Held: 2:30 P.M. Appearances:


D.G. Livingstone/D.A. Ortiz/R.E. Byrne/S.J. Katzman (by tel.) for
US Trustee, W. Greendyke/B.D. Spears for Barrett Burke, et al.,
L.C. Kramer/D.C. Mattka for McCalla Raymer, L.L.C., T.A.
Connop for Countrywide Home Loans, Inc. (Related document(s):
146 Motion for Protective Order filed by Creditor Countrywide
Home Loans, Inc. Arguments heard. Findings of Fact and
Conclusions of Law are recited into the record in open Court.
Motion is Denied. Mr. Byrne to file a proposed order, to be signed
by Mr. Connop as to form, by 7/16/2007. Countrywide Home
Loans, Inc.'s Oral Motion to Seal the transcript of this hearing is
Granted. Mr. Connop to file a proposed order. (vatt) (Entered:
07/13/2007 07/18/2007)

BNC Certificate of Mailing. (Related document(s): 149 Order on


Motion to Expedite Hearing) No. of Notices: 17. Service Date
07/14/2007 156 07/14/2007. (Admin.) (Entered: 07/15/2007)

BNC Certificate of Mailing. (Related document(s): 151 Order on


Motion for Expedited Consideration) No. of Notices: 17. Service
07/14/2007 157 Date 07/14/2007. (Admin.) (Entered: 07/15/2007)

BNC Certificate of Mailing. (Related document(s): 154 Order on


Motion to Appear by Telephone) No. of Notices: 17. Service Date
07/15/2007 158 07/15/2007. (Admin.) (Entered: 07/16/2007)

Proposed Order RE: Order Sealing the Transcript of the July


13, 2007 Hearing on The Emergency Motion for Protective
Order, For Order Quashing 2004 Examination Notice of
Countrywide Home Loans, Inc. Through a Corporate
Representative, and For Order Quashing 2004 Examination
Notice of Jill Ballentine (Filed By Countrywide Home Loans, Inc.
07/16/2007 159 ). (Freeman, Elizabeth) (Entered: 07/16/2007)

Proposed Order RE: (Filed By US Trustee ).(Related document(s):


146 Motion for Protective Order) (Statham, Stephen) (Entered:
07/17/2007 160 07/17/2007)

ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 18/33
Exh p212/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
Order Sealing The Transcript of the July 13, 2007 Hearing On The
Emergency Motion For Protective Order, For Order Quashing
2004 Examination Notice of Countrywide Home Loans, Inc.
Through a Corporate Representative, and For Order Quashing
07/17/2007 161 2004 7/17/2007. Doc # 159 (jgon, ) (Entered: 07/17/2007)

Order Denying Motion For Protective Order (Related Doc # 146 )


07/17/2007 162 Signed on 7/17/2007. (btho, ) (Entered: 07/18/2007)

UNDER SEALED Transcript RE: Hearing held on 7/13/2007


before Judge Jeff Bohm. Transcript is available for viewing in the
office of the clerk fileroom. (Related document(s): 151 Order on
Motion for Expedited Consideration) Barcode 4:07C10107 (blac,
07/19/2007 164 ) (Entered: 07/23/2007)

BNC Certificate of Mailing. (Related document(s): 162 Order on


Motion for Protective Order) No. of Notices: 17. Service Date
07/20/2007 163 07/20/2007. (Admin.) (Entered: 07/21/2007)

Motion for Protective Order Filed by Interested Party McCalla


Raymer, LLC (Attachments: # 1 Proposed Order) (Kramer, Lynn)
07/23/2007 165 (Entered: 07/23/2007)

Sealed Emergency Motion filed by U.S. Trustee. (Statham,


Stephen) Document sealed per 175 Order. (4:07CI0181)
Modified on 7/26/2007 (mewil, ). Additional attachment(s) added
07/24/2007 166 on 7/26/2007 (mewil, ). (Entered: 07/24/2007)

Motion for Expedited Consideration (related document(s): 165


Motion for Protective Order, 166 Motion to Compel). Filed by
U.S. Trustee US Trustee (Attachments: # 1 Proposed Order)
07/24/2007 167 (Statham, Stephen) (Entered: 07/24/2007)

Response (related document(s): 165 Motion for Protective Order).


07/24/2007 168 Filed by US Trustee (Statham, Stephen) (Entered: 07/24/2007)

Certificate of Telephone Notice. Contacted Lynn Kramer (spoke


with assistant). Movant to notice all interested parties (Related
document(s): 165 Motion for Protective Order) Hearing scheduled
for 7/25/2007 at 04:00 PM at Houston, Courtroom 600 (JB).
07/25/2007 (rste, ) (Entered: 07/25/2007)

Certificate of Telephone Notice. Contacted S. Statham. Movant to


notice all interested parties (Related document(s): 166 Motion to
Compel) Hearing scheduled for 7/25/2007 at 04:00 PM at
Houston Courtroom 600 (JB) (rste ) (Entered: 07/25/2007)
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 19/33
Exh p213/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
07/25/2007 Houston, Courtroom 600 (JB). (rste, ) (Entered: 07/25/2007)

Notice of Hearing. (Related document(s): 165 Motion for


Protective Order, 166 Motion to Compel) Filed by McCalla
07/25/2007 169 Raymer, LLC (Kramer, Lynn) (Entered: 07/25/2007)

Notice of Hearing (Related document(s): 166 Motion to Compel,


Certificate of Notice,, Certificate of Notice) Hearing scheduled for
7/25/2007 at 04:00 PM at Houston, Courtroom 600 (JB).
07/25/2007 170 (Statham, Stephen) (Entered: 07/25/2007)

Response (related document(s): 166 Motion to Compel). Filed by


Countrywide Home Loans, Inc. (Attachments: # 1 Exhibit A# 2
Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit B) (Freeman,
07/25/2007 171 Elizabeth) (Entered: 07/25/2007)

Motion to Continue Hearing On (related document(s): 169 Notice,


165 Motion for Protective Order). Filed by Interested Party
McCalla Raymer, LLC (Attachments: # 1 Proposed Order)
07/25/2007 172 (Kramer, Lynn) (Entered: 07/25/2007)

Sealed Response (related document(s): 166 Sealed Emergency


Motion filed by Barrett Burke Wilson Castle Daffin & Frappier,
L.L.P. (Boland, Jason) Document sealed per 175 Order.
(4:07CI0182)Modified on 7/26/2007 (mewil, ). Additional
attachment(s) added on 7/26/2007 (mewil, ). (Entered:
07/25/2007 173 07/25/2007)

Order Granting Motion For Expedited Consideration (Related Doc


07/25/2007 174 # 167 ) Signed on 7/25/2007. (rste, ) (Entered: 07/25/2007)

Proposed Order Submission After Hearing (Filed By Barrett Burke


Wilson Castle Daffin & Frappier, L.L.P. ).(Related document(s):
166 Motion to Compel, 173 Response) (Boland, Jason) (Entered:
07/25/2007 175 07/25/2007)

Order Granting (related document # 172 ) and Setting Hearing


Signed on 7/25/2007 (Related document(s): 165 Motion for
Protective Order) Hearing scheduled for 8/10/2007 at 09:00 AM
07/25/2007 177 at Houston, Courtroom 600 (JB). (smur, ) (Entered: 07/26/2007)

Courtroom Minutes. Time Hearing Held: 4:00 P.M. Appearances:


S. Statham/D.A. Ortiz/R.E. Byrne/S.J. Katzman/S.M. Haynes for
US Trustee, B.D. Spears/J. Boland for Barrett Burke, et al., B.B.
Floyd/D.C. Mattka for McCalla Raymer, L.L.C., E. Freeman for
Countrywide Home Loans Inc (Related document(s): 172 Motion
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 20/33
Exh p214/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
Countrywide Home Loans, Inc. (Related document(s): 172 Motion
to Continue Hearing on # 165 Motion for Protective Order filed by
Interested Party McCalla Raymer, LLC is Granted. Order to be
entered. 165 Motion for Protective Order filed by Interested Party
McCalla Raymer, LLC. Clerk to reset hearing. 166 Motion to
Compel Compliance filed by U.S. Trustee. Arguments heard.
Evidence presented. Motion is Granted as stated on the record.
Court to issue an order. Movant's Exhibits 1 thru 3, 5 thru 11, and
14 are admitted. 29 Continued Show Cause Hearing. US Trustee's
Oral Motion to Continue Hearing is Denied. (vatt) (Entered:
07/25/2007 07/31/2007)

Notice of Appearance and Request for Notice Filed by Elizabeth


Carol Freeman Filed by on behalf of Countrywide Home Loans,
07/26/2007 176 Inc. (Freeman, Elizabeth) (Entered: 07/26/2007)

Order Regarding US Trustee's Emergency Motion to Compel


Compliance with Request for Production No 6 and related
Testimony of Countrywide Home Loans, Inc's Fed R Civ P
30(b)(6) Representative (related document # 166 ) Signed on
07/26/2007 178 7/26/2007 (smur, ) (Entered: 07/26/2007)

Witness List (Filed By McCalla Raymer, LLC ).(Related


document(s): 57 Generic Order, 29 Order to Show Cause, )
07/26/2007 179 (Kramer, Lynn) (Entered: 07/26/2007)

Witness List (Filed By McCalla Raymer, LLC ).(Related


document(s): 57 Generic Order, 29 Order to Show Cause, )
07/26/2007 180 (Kramer, Lynn) (Entered: 07/26/2007)

Exhibit List (Filed By McCalla Raymer, LLC ).(Related


document(s): 57 Generic Order, 29 Order to Show Cause, )
07/26/2007 181 (Kramer, Lynn) (Entered: 07/26/2007)

Notice of Return of Service on Subpoena issued to John Smith.


07/27/2007 182 Filed by US Trustee (Statham, Stephen) (Entered: 07/27/2007)

Notice of Return of Service on Subpoena issued to Lois Ortiz.


07/27/2007 183 Filed by US Trustee (Statham, Stephen) (Entered: 07/27/2007)

Notice of Return of Service on Subpoena issued to Raquel


Black. Filed by US Trustee (Statham, Stephen) (Entered:
07/27/2007 184 07/27/2007)

Notice of Return of Service on Subpoena issued to Rita Garcia.


ecf.txsb.uscourts.gov/…/DktRpt.pl?2…
Filed by US Trustee (Statham Stephen) (Entered: 07/27/2007) 21/33
Exh p215/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
07/27/2007 185 Filed by US Trustee (Statham, Stephen) (Entered: 07/27/2007)

Notice of Return of Service on Subpoena issued to Mary


Daffin. Filed by US Trustee (Statham, Stephen) (Entered:
07/27/2007 186 07/27/2007)

Notice of Return of Service on Subpoena issued to Marilee


Madan. Filed by US Trustee (Statham, Stephen) (Entered:
07/27/2007 187 07/27/2007)

Notice of Return of Service on Subpoena issued to Yvonne


Knesek. Filed by US Trustee (Statham, Stephen) (Entered:
07/27/2007 188 07/27/2007)

Notice of Return of Service on Subpoena issued to Felicia


Sanov. Filed by US Trustee (Statham, Stephen) (Entered:
07/27/2007 189 07/27/2007)

Notice of Return of Service on Subpoena issued to Sabrina


LaPell. Filed by US Trustee (Statham, Stephen) (Entered:
07/27/2007 190 07/27/2007)

Notice of Return of Service on Subpoena issued to Kim Woods.


07/27/2007 191 Filed by US Trustee (Statham, Stephen) (Entered: 07/27/2007)

Notice of Return of Service on Subpoena issued to Regina


Thomas. Filed by US Trustee (Statham, Stephen) (Entered:
07/27/2007 192 07/27/2007)

Notice of Return of Service on Subpoena issued to Walter


Thurmond. Filed by US Trustee (Statham, Stephen) (Entered:
07/27/2007 193 07/27/2007)

Notice of Return of Service on Subpoena issued to Christopher


Reilly. Filed by US Trustee (Statham, Stephen) (Entered:
07/27/2007 194 07/27/2007)

Notice of Return of Service on Subpoena issued to John


Schlotter. Filed by US Trustee (Statham, Stephen) (Entered:
07/27/2007 195 07/27/2007)

Notice of Return of Service on Subpoena issued to Latoya


President. Filed by US Trustee (Statham, Stephen) (Entered:
07/27/2007 196 07/27/2007)

ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 22/33
Exh p216/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
Notice of Return of Service on Subpoena issued to Cedric
Morris. Filed by US Trustee (Statham, Stephen) (Entered:
07/27/2007 197 07/27/2007)

BNC Certificate of Mailing. (Related document(s): 174 Order on


Motion for Expedited Consideration) No. of Notices: 18. Service
07/27/2007 198 Date 07/27/2007. (Admin.) (Entered: 07/28/2007)

Courtroom Minutes. Time Hearing Held: 8:30 A.M. Appearances:


C. Morrison for Debtor, S. Statham/D.A. Ortiz/R.E. Byrne/S.J.
Katzman/S.M. Haynes for US Trustee, W. Greendyke/B.D.
Spears for Barrett Burke, et al., B.B. Floyd/D.C. Mattka for
McCalla Raymer, L.L.C., E. Freeman/T.A. Connop/D. Skierski
for Countrywide Home Loans, Inc. (Related document(s): 29
Continued Hearing: Show Cause Hearing. The Rule is invoked by
Mr. Byrne. Arguments heard. Evidence presented. Witnesses:
Chris Reilly/Raquel Black/Felicia Sanov/Mary Daffin/Walter
Thurmond. Continued Hearing is scheduled for 8/7/2007 at 08:30
A.M. at Houston, Courtroom 600 (JB), to be continued on
8/8/2007 and 8/9/2007. Barrett Burke, et al.'s Exhibits 18 thru 30;
McCalla Raymer, LLC's Exhibits MR32 thru MR 36; and Govt's
Exhibits 1E, 3 thru 7, 5A, 12, 14, 25, 43, 45, 46A, 46B, 61, 65,
68, and 73 are admitted. Mr. Connop's Oral Motion to Seal
Government Exhibits 46A and 46B is Granted. Mr. Connop to file
a proposed order. (vatt) Modified on 8/8/2007 (vatt). (Entered:
07/27/2007 07/31/2007)

BNC Certificate of Mailing. (Related document(s): 177 Order


Setting Hearing) No. of Notices: 18. Service Date 07/28/2007.
07/28/2007 199 (Admin.) (Entered: 07/29/2007)

BNC Certificate of Mailing. (Related document(s): 178 Generic


Order, ) No. of Notices: 18. Service Date 07/28/2007. (Admin.)
07/28/2007 200 (Entered: 07/29/2007)

Proposed Order RE: Order Sealing United States Trustee


Exhibits 46(a) and 46(b) (Filed By Countrywide Home Loans,
07/31/2007 201 Inc. ). (Freeman, Elizabeth) (Entered: 07/31/2007)

Order Sealing U.S. Trustee Exhibits 46(a) and 46(b).Signed on


08/01/2007 202 8/1/2007 (rste, ) (Entered: 08/01/2007)

Motion for Costs as Permitted in the July 26, 2007 Order


Regarding the Emergency Motion to Compel Compliance with
Request for Production No. 6 and Related Testimony of
Fed.R.Civ.P. 30(b)(6) Representative Filed by U.S. Trustee US
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 23/33
Exh p217/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
Fed.R.Civ.P. 30(b)(6) Representative Filed by U.S. Trustee US
Trustee (Attachments: # 1 Exhibit Declaration of Sean M. Haynes#
08/03/2007 203 2 Proposed Order) (Statham, Stephen) (Entered: 08/03/2007)

Transcript RE: Partial Transcript; Continued Hearing Order to


Show Cause held on July 27, 2007 before Judge Jeff Bohm.
Transcript is available for viewing in the office of the clerk fileroom.
(Related document(s): 29 Order to Show Cause, ) (ltre, ) (Entered:
08/06/2007 204 08/06/2007)

Transcript RE: Order to Show Cause Hearing held on 7/27/2007


before Judge Jeff Bohm. Transcript is available for viewing in the
office of the clerk fileroom. (Related document(s): 29 Order to
Show Cause, ) (Attachments: # 1 continuation# 2 continuation)
(mmap, ) Additional attachment(s) added on 8/7/2007 (mmap, ).
Additional attachment(s) added on 8/7/2007 (mmap, ). (Entered:
08/06/2007 206 08/07/2007)

Notice of Hearing (Related document(s): 203 U.S. Trustee's


Motion for Costs, ) Hearing scheduled for 9/6/2007 at 02:00 PM
08/07/2007 205 at Houston, Courtroom 600 (JB). (rste, ) (Entered: 08/07/2007)

Courtroom Minutes. Time Hearing Held: 8:30 A.M. Appearances:


R.E. Byrne/D.A. Ortiz/S.J. Katzman/S.M. Haynes/S. Statham for
US Trustee, W. Greendyke/B.D. Spears/J. Cornwell for Barrett
Burke, et al., D.C. Mattka/B.B. Floyd/L.C. Kramer for McCalla
Raymer, L.L.C., T.A. Connop/D. Skierski for Countrywide Home
Loans, Inc. (Related document(s): 29 Continued Show Cause
Hearing. Arguments heard. Evidence presented. Witnesses: Regina
Thomas/Kimberly Woods. Continued Show Cause Hearing is
scheduled for 8/8/2007 at 08:30 A.M. at Houston, Courtroom 600
(JB). Govt's Exhibits 3D thru 3F, 48 thru 50, 62, 64 and 74 are
08/07/2007 admitted. (vatt) (Entered: 08/08/2007)

Courtroom Minutes. Time Hearing Held: 8:30 A.M. Appearances:


R.E. Byrne/D.A. Ortiz/S.J. Katzman/S.M. Haynes/S. Statham for
US Trustee, W. Greendyke/B.D. Spears/J. Boland for Barrett
Burke, et al., D.C. Mattka/B.B. Floyd/L.C. Kramer for McCalla
Raymer, L.L.C., T.A. Connop/D. Skierski for Countrywide Home
Loans, Inc. (Related document(s): 29 Continued Show Cause
Hearing. Arguments heard. Evidence presented. Witnesses: John
Schlotter/LaToya President/John Smith. Continued Show Cause
Hearing is scheduled for 8/9/2007 at 08:30 A.M. at Houston,
Courtroom 600 (JB). Govt's Exhibits 9, 15, 15A, 16, 16A, 22,
23A, 24, 26, 29, 29B.1 thru 29B.3, 48A, 725.4, 801.1, 801.2,
and 801.6 are admitted. (vatt) (Entered: 08/08/2007)
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 24/33
Exh p218/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
08/08/2007 and 801.6 are admitted. (vatt) (Entered: 08/08/2007)

Courtroom Minutes. Time Hearing Held: 8:30 A.M. Appearances:


R.E. Byrne/D.A. Ortiz/S.J. Katzman/S.M. Haynes/S. Statham for
US Trustee, W. Greendyke/B.D. Spears/T. Torrence for Barrett
Burke, et al., D.C. Mattka/B.B. Floyd/L.C. Kramer for McCalla
Raymer, L.L.C., T.A. Connop/D. Skierski for Countrywide Home
Loans, Inc. (Related document(s): 29 Continued Show Cause
Hearing. Arguments heard. Evidence presented. Witness: John
Smith. Continued Show Cause Hearing is scheduled for 8/10/2007
at 08:30 A.M. at Houston, Courtroom 600 (JB). Govt's Exhibits 8,
27, 28, 31, 32, 35, 49A, 51, 52, 52B, 52F, 52G, 52I, 725.1,
801.3, and 808.1 are admitted. Countrywide Home Loans, Inc's
08/09/2007 Exhibit 7 is admitted. (vatt) (Entered: 08/09/2007)

BNC Certificate of Mailing. (Related document(s): 205 Notice of


Hearing (Matrix)) No. of Notices: 62. Service Date 08/09/2007.
08/09/2007 207 (Admin.) (Entered: 08/10/2007)

Witness List (Filed By Countrywide Home Loans, Inc. ).


08/10/2007 208 (Freeman, Elizabeth) (Entered: 08/10/2007)

Notice of Hearing on United States Trustee's Motion for Costs


as Permitted In The July 26, 2007 Order Regarding The
Emergency Motion To Compel Compliance With Request For
Production No. 6 and Related Testimony of Federal Rule Civil
Procedure 30(b)(6) Representative (Related document(s): 203
Generic Motion,, 165 Motion for Protective Order) Hearing
scheduled for 9/6/2007 at 02:00 PM at Houston, Courtroom 600
08/10/2007 209 (JB). (Statham, Stephen) (Entered: 08/10/2007)

Courtroom Minutes. Time Hearing Held: 8:30 A.M. Appearances:


R.E. Byrne/D.A. Ortiz/S.J. Katzman/S.M. Haynes/S. Statham for
US Trustee, W. Greendyke/B.D. Spears/J. Cornwell for Barrett
Burke, et al., D.C. Mattka/L.C. Kramer for McCalla Raymer,
L.L.C., T.A. Connop/D. Skierski for Countrywide Home Loans,
Inc., J. Patterson for W. Thurmond. (Related document(s): 29
Continued Show Cause Hearing. Arguments heard. Evidence
presented. Witnesses: Lois Ortiz/Walter Thurmond/Felicia
Sanov/Mary Daffin/Marilee Madan. Continued Show Cause
Hearing is scheduled for 10/29/2007 at 08:30 A.M. at Houston,
Courtroom 600 (JB). Govt's Exhibits 2D, 2E, 50B, 50C, 70,
725.3, and 801.5 are admitted. Barrett Burke, et al.'s Exhibits 31 is
admitted. Mr. Connop to file a proposed order to be signed by Mr.
Byrne as to form regarding redaction of exhibits to protect
proprietary information. (vatt) (Entered: 08/10/2007)
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 25/33
Exh p219/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
08/10/2007 proprietary information. (vatt) (Entered: 08/10/2007)

Courtroom Minutes. Time Hearing Held: 8:30 A.M. Appearances:


R.E. Byrne/D.A. Ortiz/S.J. Katzman/S.M. Haynes/S. Statham for
US Trustee, W. Greendyke/B.D. Spears/J. Cornwell for Barrett
Burke, et al., D.C. Mattka/L.C. Kramer for McCalla Raymer,
L.L.C., T.A. Connop/D. Skierski for Countrywide Home Loans,
Inc., J. Patterson for W. Thurmond. (Related document(s):
Telephone Conference regarding 2004 Exam of Countrywide
witness with knowledge of billing procedures to be held on
8/13/2007 at 04:00 P.M. at Houston, Courtroom 600 (JB). Parties
08/10/2007 may appear by telephone. (vatt) (Entered: 08/10/2007)

Transcript RE: Show Cause Hearing held on 08/07/07 before


Judge Jeff Bohm. Transcript is available for viewing in the office of
the clerk fileroom. (Related document(s): Courtroom Minutes
(Text), Courtroom Minutes (Text), Courtroom Minutes (Text))
(dbia, ) Additional attachment(s) added on 8/16/2007 (dbia, ).
08/10/2007 211 (Entered: 08/16/2007)

Courtroom Minutes. Time Hearing Held: 4:00p.m. Appearances: L.


Freeman, S. Statham, Lynn Kramer, John Cornwell, R. Byne and
S. Haynes. Telephone conference regarding 2004 Exam of
Countrywide witness with knowledge of billing procedures reset to
8/15/2007 at 04:30 PM at Houston, Courtroom 600 (JB). Parties
may appear by telephone. If telephone conference becomes moot,
parties are to contact the Case Manager. (rste, ) (Entered:
08/13/2007 08/13/2007)

Transcript RE: Continued Show Cause Hearing held on 8/8/2007


before Judge Jeff Bohm. Transcript is available for viewing in the
office of the clerk fileroom. (Related document(s): Courtroom
Minutes (Text), Courtroom Minutes (Text), Courtroom Minutes
(Text)) (Attachments: # 1 Continuation 1# 2 Continuation 2# 3
Continuation 3# 4 Continuation 4# 5 Continuation 5# 6
Continuation 6# 7 Continuation 7# 8 Continuation 8) (kosb, )
08/14/2007 210 (Entered: 08/16/2007)

Transcript RE: Show Cause hearing held on 8/9/2007 before Judge


Jeffrey Bohm. Transcript is available for viewing in the office of the
clerk fileroom. (Related document(s): Courtroom Minutes (Text),
Courtroom Minutes (Text), Courtroom Minutes (Text))
(Attachments: # 1 continued# 2 continued# 3 continued# 4
continued# 5 continued# 6 continued# 7 continued# 8 continued# 9
08/20/2007 212 continued# 10 continued) (btho, ) (Entered: 08/22/2007)

ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 26/33
Exh p220/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…

Transcript RE: Continued Show Case Hearing held on 8/10/2007


before Judge Jeff Bohm. Transcript is available for viewing in the
office of the clerk fileroom. (Related document(s): Courtroom
Minutes,,, ) (Attachments: # 1 Continuation 1# 2 Continuation 2# 3
Continuation 3# 4 Continuation 4# 5 Continuation 5) (kosb, )
08/21/2007 213 (Entered: 08/22/2007)

Transcript RE: Continued Show Cause Hearing (Related document


# 29 ), Motion for Protective Order (Related document # 165 )
held on 8/10/07 before Judge Jeff Bohm. Transcript is available for
viewing in the office of the clerk fileroom. Volume II - Afternoon
Session. (Attachments: # 1 continuation# 2 continuation# 3
continuation# 4 continuation# 5 continuation# 6 continuation# 7
08/21/2007 214 continuation# 8 continuation) (pcra, ) (Entered: 08/22/2007)

Proposed Order RE: (Filed By Countrywide Home Loans, Inc.


).(Related document(s): 203 Generic Motion, ) (Freeman,
08/23/2007 215 Elizabeth) (Entered: 08/23/2007)

Notice of filing of proposed agreed order. (Related document(s):


203 Generic Motion, ) Filed by Countrywide Home Loans, Inc.
(Attachments: # 1 Proposed Order) (Freeman, Elizabeth) (Entered:
08/23/2007 216 08/23/2007)

Motion for Expedited Consideration. Filed by U.S. Trustee US


Trustee (Attachments: # 1 Proposed Order) (Statham, Stephen)
08/24/2007 217 (Entered: 08/24/2007)

Motion to Set Hearing. Filed by U.S. Trustee US Trustee


(Attachments: # 1 Proposed Order) (Statham, Stephen) (Entered:
08/24/2007 218 08/24/2007)

Order Resetting Hearing Motion For Protective Order (Related


Doc # 165 ), Granting Motion For Expedited Consideration
(Related Doc # 217 ) Signed on 8/27/2007. Hearing scheduled for
10/30/2007 at 09:00 AM at Houston, Courtroom 600 (JB). (rste, )
08/27/2007 219 (Entered: 08/27/2007)

AGREED ORDER Concerning United States Trustee's Motion for


Costs (Related Doc # 203 ) Signed on 8/27/2007. (pcra, )
Additional attachment(s) added on 8/27/2007 (pcra, ). (Entered:
08/27/2007 220 08/27/2007)

AGREED ORDER Concerning United States Trustee's Motion for


Costs (Related Doc # 203 ) Signed on 8/27/2007. (NOTE - This
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 27/33
Exh p221/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
is a duplicate of Doc. #220, Re-docketed for noticing purposes)
08/27/2007 221 (pcra, ) (Entered: 08/27/2007)

Transcript RE: Motion To Compel Documents # 166 / Motion For


Protective Order # 165 held on 7/25/2007 before Judge Jeff
Bohm. Transcript is available for viewing in the office of the clerk
fileroom. (Related document(s): 165 Motion for Protective Order
08/28/2007 222 166 Motion to Compel Documents) (blac, ) (Entered: 08/29/2007)

BNC Certificate of Mailing. (Related document(s): 219 Order on


Motion for Protective Order, , Order on Motion for Expedited
Consideration, ) No. of Notices: 18. Service Date 08/29/2007.
08/29/2007 223 (Admin.) (Entered: 08/30/2007)

BNC Certificate of Mailing. (Related document(s): 220 Generic


Order) No. of Notices: 18. Service Date 08/29/2007. (Admin.)
08/29/2007 224 (Entered: 08/30/2007)

BNC Certificate of Mailing. (Related document(s): 221 Generic


Order) No. of Notices: 18. Service Date 08/29/2007. (Admin.)
08/29/2007 225 (Entered: 08/30/2007)

Notice of Appearance and Request for Notice Filed by Michael


McCormick Filed by on behalf of Countrywide Home Loans, Inc.
10/18/2007 226 (McCormick, Michael) (Entered: 10/18/2007)

Withdraw Document (Filed By Countrywide Home Loans, Inc.


).(Related document(s): 226 Notice of Appearance) (McCormick,
10/19/2007 227 Michael) (Entered: 10/19/2007)

Courtroom Minutes. Time Hearing Held: 8:30 a.m.. Appearances:


W. Greendyke, D. Mattka, T. Connop, L. Kramer, J. Cornwell, B.
Sean, R. Byrne, S. Katz, D. Ortiz, S. Haynes, S. Statham, B.
Floyd, W. Thurmond, E. Freeman (Related document(s): 29 Order
to Show Cause, ). Government exhibits admitted: 1, 1A, 50A,
53(Judicial notice taken). Clarification of Barrett Burke exhibits
17A and 17B. Countrywide Home Loans, Inc. exhibits admitted:
CW-10, CW-11, CW-12. Witnesses: John Schlotter, Martha
Thomas, Rita Garcia, and Gabrielle F. Davidson. Closing
arguments are scheduled for 12/12/2007 at 09:00 AM at Houston,
Courtroom 600 (JB)(ETT 1 day). Due date for filing briefs:
12/3/2007, replies due 12/10/07. Motion for Protective Order,
filed by McCalla Raymer, LLC 165 is withdrawn. The hearing of
10/30/2007 is cancelled. (rste, ) Modified on 10/29/2007 (rste, ).
10/29/2007 (Entered: 10/29/2007)

ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 28/33
Exh p222/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…

Transcript RE: Continued Show Cause Hearing held on 10-29-07


before Judge Jeff Bohm. Transcript is available for viewing in the
11/06/2007 228 office of the clerk fileroom. Filed by (gree, ) (Entered: 11/06/2007)

Order Regarding Hearing to Be Held On December 12, 2007 at


9:00 a.m. (guidelines and parameters for the closing arguments)
11/26/2007 229 Signed on 11/26/2007 (rste, ) (Entered: 11/26/2007)

BNC Certificate of Mailing. (Related document(s): 229 Generic


Order) No. of Notices: 20. Service Date 11/29/2007. (Admin.)
11/29/2007 230 (Entered: 11/30/2007)

Brief (Filed By Countrywide Home Loans, Inc. ). (Freeman,


12/03/2007 231 Elizabeth) (Entered: 12/03/2007)

Brief (Filed By Barrett Burke Wilson Castle Daffin & Frappier,


L.L.P. ).(Related document(s): 57 Generic Order, 229 Generic
Order, 29 Order to Show Cause, ) (Greendyke, William) (Entered:
12/03/2007 232 12/03/2007)

Brief (Filed By McCalla Raymer, LLC ).(Related document(s): 57


Generic Order, 229 Generic Order, 29 Order to Show Cause, )
12/03/2007 233 (Kramer, Lynn) (Entered: 12/03/2007)

Emergency Motion Unopposed Expedited Motion For Leave To


File Reply Filed by Attorney Barrett Burke Wilson Castle Daffin &
Frappier, L.L.P. (Attachments: # 1 Proposed Order) (Boland,
12/05/2007 234 Jason) (Entered: 12/05/2007)

Request for Hearing (Filed By Barrett Burke Wilson Castle Daffin


& Frappier, L.L.P. ).(Related document(s): 234 Emergency
Motion) (Attachments: # 1 Proposed Order) (Boland, Jason)
12/05/2007 235 (Entered: 12/05/2007)

Order Granting Barret Burke Wilson Castle Daffin & Frappier,


LLP's Unopposed Request for Expedited Hearing. Signed on
12/5/2007 (Related document(s): 234 Barrett Burke's Unopposed
Motion for Leave To File Reply, 235 ) Hearing scheduled for
12/7/2007 at 09:00 AM at Houston, Courtroom 600 (JB). (rste, )
12/05/2007 236 (Entered: 12/05/2007)

Notice of Hearing. (Related document(s): 235 Request for


Hearing, 234 Emergency Motion, 236 Order Setting Hearing, )
Filed by Barrett Burke Wilson Castle Daffin & Frappier, L.L.P.
12/05/2007 237 (Boland, Jason) (Entered: 12/05/2007)
ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 29/33
Exh p223/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…

Notice of Joinder in. (Related document(s): 234 Emergency


Motion) Filed by Countrywide Home Loans, Inc. (Freeman,
12/06/2007 238 Elizabeth) (Entered: 12/06/2007)

Order Granting Unopposed Expedited Motion of Barrett Burke


Wilson Castle Daffin & Frappier, LLP for Leave to File Reply
(Related Doc # 234 ) Signed on 12/7/2007. (rste, ) (Entered:
12/07/2007 239 12/07/2007)

Courtroom Minutes. Time Hearing Held: 9:00 A.M. Appearances:


R.E. Byrne/S.M. Haynes/S. Statham for US Trustee, J. Boland for
Barrett Burke, et al., E. Freeman for Countrywide Home Loans,
Inc., B.B. Floyd/L.C. Kramer for McCalla Raymer, L.L.C.
(Related document(s): 234 Unopposed Motion for Leave To File
Reply filed by Attorney Barrett Burke Wilson Castle Daffin &
Frappier, L.L.P. Motion Granted. Order Signed. (vatt) Modified
12/07/2007 on 12/7/2007 (vatt). (Entered: 12/07/2007)

BNC Certificate of Mailing. (Related document(s): 236 Order


Setting Hearing, ) No. of Notices: 20. Service Date 12/07/2007.
12/07/2007 240 (Admin.) (Entered: 12/08/2007)

BNC Certificate of Mailing. (Related document(s): 239 Order on


Emergency Motion) No. of Notices: 20. Service Date 12/09/2007.
12/09/2007 241 (Admin.) (Entered: 12/10/2007)

Brief (Filed By US Trustee ). (Statham, Stephen) (Entered:


12/10/2007 242 12/10/2007)

Notice of Reply. (Related document(s): 242 Brief) Filed by


Countrywide Home Loans, Inc. (Freeman, Elizabeth) (Entered:
12/11/2007 243 12/11/2007)

Courtroom Minutes. Time Hearing Held: 9:00 A.M. Appearances:


C.T. Morrison for Debtor, R.E. Byrne/D.A. Ortiz/S.J.
Katzman/S.M. Haynes/S. Statham for US Trustee, W.
Greendyke/B.D. Spears/J. Cornwell/J. Boland/T. Torrence for
Barrett Burke, et al., B.B. Floyd/D.C. Mattka/L.C. Kramer for
McCalla Raymer, L.L.C., T.A. Connop/E. Freeman for
Countrywide Home Loans, Inc., J. Patterson for W. Thurmond.
(Related document(s): 29 Show Cause Hearing. Closing
Arguments heard. MATTER IS TAKEN UNDER
12/12/2007 ADVISEMENT. (vatt) (Entered: 12/13/2007)

ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 30/33
Exh p224/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…
Transcript RE: Closing Arguments held on 12/12/2007 before
Judge Jeff Bohm. Transcript is available for viewing in the office of
12/14/2007 244 the clerk fileroom. Filed by (thud, ) (Entered: 12/14/2007)

Notice Regarding Review of Proposed Redacted Exhibits. Filed


12/21/2007 245 by US Trustee (Statham, Stephen) (Entered: 12/21/2007)

Notice of Filing of Agreed Order Concerning Sealing of


Exhibits and Admission of Redacted Exhibits. Filed by US
Trustee (Attachments: # 1 Agreed Order) (Statham, Stephen)
01/07/2008 246 (Entered: 01/07/2008)

Order Setting Hearing On Court's Ruling on Show Cause Orders.


Signed on 3/3/2008 (Related document(s): 29 Order to Show
Cause, ) Hearing scheduled for 3/5/2008 at 11:30 AM at Houston,
Courtroom 600 (JB). Parties may appear by telephone. (rste, )
03/03/2008 247 (Entered: 03/03/2008)

Memorandum Opinion on Show Cause Orders of February 12,


2007 and May 18, 2007. Signed on 3/5/2008 (Related
document(s): 29 Order to Show Cause, ) (Attachments: # 1
Continuation of Memorandum Opinion (pages 41 thru 72 and 1
03/05/2008 248 page Addenum)) (rste, ) (Entered: 03/05/2008)

Order On Show Cause Orders of February 12, 2007 and May 18,
03/05/2008 249 2007. Signed on 3/5/2008 (rste, ) (Entered: 03/05/2008)

Courtroom Minutes. Time Hearing Held: 11:30 A.M.


Appearances: C.T. Morrison for Debtor, S.M. Haynes/S. Statham
for US Trustee. W. Greendyke for Barrett Burke, et al., B.B.
Floyd/D.C. Mattka for McCalla Raymer, L.L.C., T.A. Connop for
Countrywide Home Loans, Inc. Telephone Appearances: R.E.
Byrne/M. Redmiles/R. Elliot/L. DePasquale/J. Sheahan/D. Ortiz for
US Trustee, B.D. Spears/M. Greer/J. Cornwell/T. Torrence/J.
Boland for Barrett Burke, et al., M.R. Thomas for McCalla
Raymer, L.L.C., D. Skierski/S. Hastings/F. Sanov for Countrywide
Home Loans, Inc. (Related document(s): 29 Court's Ruling: Show
Cause Hearing. For the reasons stated on the record, the Court
finds that no sanctions should be imposed against Barrett Burke,
McCalla Raymer, or Countrywide. Memorandum Opinion and
03/05/2008 Order will be entered. (vatt) (Entered: 03/05/2008)

BNC Certificate of Mailing. (Related document(s): 247 Order


Setting Hearing, ) No. of Notices: 20. Service Date 03/05/2008.
03/05/2008 250 (Admin.) (Entered: 03/06/2008)

ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 31/33
Exh p225/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…

BNC Certificate of Mailing. (Related document(s): 248 Opinion, )


No. of Notices: 20. Service Date 03/07/2008. (Admin.) (Entered:
03/07/2008 251 03/08/2008)

BNC Certificate of Mailing. (Related document(s): 249 Generic


Order) No. of Notices: 20. Service Date 03/07/2008. (Admin.)
03/07/2008 252 (Entered: 03/08/2008)

Transcript RE: Findings of Fact and Conclusions of Law on Show


Cause Hearing held on 3/5/2008 before Judge Jeff Bohm.
Transcript is available for viewing in the office of the clerk fileroom.
03/13/2008 253 Filed by (thud, ) (Entered: 03/13/2008)

Transcript RE: #29 - Findings of Fact and Conclusions of Law on


Show Cause Hearing held on 3/5/2008 before Judge Jeff Bohm.
Transcript is available for viewing in the office of the clerk fileroom.
03/18/2008 254 Filed by (thud, ) (Entered: 03/18/2008)

Notice of Change of Address Filed by GMAC (Birkholz, Kallie)


12/24/2008 255 (Entered: 12/24/2008)

Response to Order Memorandum Opinion. (Filed By William


Allen Parsley ).(Related document(s): 248 Opinion) (Attachments:
04/02/2009 256 # 1 Exhibit # 2 Exhibit) (jwil) (Entered: 04/06/2009)

Verified Notice by Joseph Zernik (Related document(s): 248


Opinion) (Attachments: # 1 Exhibit # 2 Continuation) (jwil)
04/15/2009 257 (Entered: 04/15/2009)

Notice Verified Request for Lenience. Filed by Joseph Zernik


05/08/2009 258 (hler) (Entered: 05/11/2009)

Exhibits Volume A by Joseph Zernik (Related document(s): 258


Notice) (Attachments: # 1 cont.# 2 cont# 3 cont# 4 cont# 5 cont)
05/08/2009 259 (hler) Modified on 5/11/2009 (hler). (Entered: 05/11/2009)

Exhibit Volume B by Joseph Zernik (Related document(s): 258


Notice) (Attachments: # 1 cont.# 2 cont# 3 cont.# 4 cont# 5 cont#
6 cont# 7 cont) (hler) Additional attachment(s) added on
5/11/2009 (hler). Additional attachment(s) added on 5/11/2009
05/08/2009 260 (hler). (Entered: 05/11/2009)

ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 32/33
Exh p226/264
5/12/2009 BK CM/ECF LIVE - US Bankruptcy Co…

PACER Service Center


Transaction Receipt
05/12/2009 10:53:59
PACER Client
dr2600
Login: Code:
05-90374 Fil or Ent: filed Doc From: 0
Docket Search
Description: Doc To: 99999999 Term: included
Report Criteria:
Format: html
Billable
16 Cost: 1.28
Pages:

ecf.txsb.uscourts.gov/…/DktRpt.pl?2… 33/33
Exh p227/264
z May 15, 2009

Exhibit 6
April 23, 2009 Cuomo letter to
U.S. Congress
Exh p228/264
5/15/2009 Text of Cuomo letter on Merrill Lync…

Apr 23, 2009, 12:54 p.m. EST

Text of Cuomo letter on Merrill Lynch takeover


By MarketWatch

NEW YORK (M arketWatch) - New York Attorney General Andrew Cuomo released the
following letter he wrote on Thursday to Sen. Chris Dodd, Rep. Barney Frank, SEC
Chairwoman M ary Schapiro, and Congressional Oversight Panel Chairwoman Elizabeth
Warren about his investigation into Bank of America's (BAC 10.67, -0.64, -5.66%) merger with
M errill Lynch.

Dear Chairpersons Dodd, Frank, Schapiro and Warren:

I am writing regarding our investigation of the events surrounding Bank of America's merger with
Merrill Lynch late last year. Because you are the overseers and regulators of the Troubled Asset
Relief Program ("TARP"), the banking industry, and the Treasury Department, we are informing you
of certain results of our investigation. As you will see, while the investigation initially focused on huge
fourth quarter bonus payouts, we have uncovered facts that raise questions about the transparency
of the TARP program, as well as about corporate governance and disclosure practices at Bank of
America. Because some matters relating to our investigation involve federal agencies and high-
ranking federal officials charged with managing the TARP program, we believe it is important to
inform the relevant federal bodies of our current findings. We have attached relevant documents to
this letter for your review.

On September 15, 2008, Merrill Lynch entered into a merger agreement with Bank of America. The
merger was negotiated and due diligence was conducted over the course of a tumultuous
September 13-14 weekend. Time was of the essence for Merrill Lynch, as the company was not likely
to survive the following week without a merger. The merger was approved by shareholders on
December 5, 2008, and became effective on January 1, 2009.

The week after the shareholder vote -and days after Merrill Lynch set its bonuses Merrill Lynch
quickly and quietly booked billions of dollars of additional losses. Merrill Lynch's fourth quarter 2008
losses turned out to be $7 billion worse than it had projected prior to the merger vote and finalizing
its bonuses. These additional losses, some of which had become known to Bank of America
executives prior to the merger vote, were not disclosed to shareholders until mid-January 2009, two
weeks after the merger had closed on January 1, 2009.

On Sunday, December 14, 2008, Bank of America's CFO advised Ken Lewis, Bank of America's
CEO, that Merrill Lynch's financial condition had seriously deteriorated at an alarming rate. Indeed,
Lewis was advised that Merrill Lynch had lost several billion dollars since December 8, 2008. In six
days, Merrill Lynch's projected fourth quarter losses skyrocketed from $9 billion to $12 billion, and
fourth quarter losses ultimately exceeded $15 billion.

Immediately after learning on December 14, 2008 of what Lewis described as the "staggering
amount of deterioration" at Merrill Lynch, Lewis conferred with counsel to determine if Bank of
America had grounds to rescind the merger agreement by using a clause that allowed Bank of
America to exit the deal if a material adverse event ("MAC") occurred. After a series of internal
consultations and consultations with counsel, on December 17, 2008, Lewis informed then-Treasury
Secretary Henry Paulson that Bank of America was seriously considering invoking the MAC clause.
Paulson asked Lewis to come to Washington that evening to discuss the matter.

At a meeting that evening Secretary Paulson, Federal Reserve Chairman Ben Bernanke, Lewis,
Bank of America's CFO, and other officials discussed the issues surrounding invocation of the MAC
clause by Bank of America. The Federal officials asked Bank of America not to invoke the MAC until
there was further consultation. There were follow-up calls with various Treasury and Federal
Reserve officials, including with Treasury Secretary Paulson and Chairman Bernanke. During those
meetings, the federal government officials pressured Bank of America not to seek to rescind the
merger agreement. We do not yet have a complete picture of the Federal Reserve's role in these
matters because the Federal Reserve has invoked the bank examination privilege.

Bank of America's attempt to exit the merger came to a halt on December 21, 2008. That day, Lewis
informed Secretary Paulson that Bank of America still wanted to exit the merger agreement.
According to Lewis, Secretary Paulson then advised Lewis that, if Bank of America invoked the MAC,
its management and Board would be replaced:

"[W]e wanted to follow up and he said, 'I'm going to be very blunt, we're very supportive on Bank of
America and we want to be of help, but' --as I recall him saying "the government," but that mayor may
not be the case -"does not feel it's in your best interest for you to call a MAC, and that we feel so
strongly," --I can't recall if he said "we would remove the board and management if you called it" or if
he said "we would do it if you intended to." I don't remember which one it was, before or after, and I
said, "Hank, let's deescalate this for a while. Let me talk to our board." And the board's reaction was
f "Th t th t k d it Th t ld b t i i k""
marketwatch.com/story/story/print?… 1/3
Exh p229/264
5/15/2009 Text of Cuomo letter on Merrill Lync…
of "That threat, okay, do it. That would be systemic risk." "

In an interview with this Office, Secretary Paulson largely corroborated Lewis's account. On the issue
of terminating management and the Board, Secretary Paulson indicated that he told Lewis that if
Bank of America were to back out of the Merrill Lynch deal, the government either could or would
remove the Board and management. Secretary Paulson told Lewis a series of concerns, including
that Bank of America's invocation of the MAC would create systemic risk and that Bank of America
did not have a legal basis to invoke the MAC (though Secretary Paulson's basis for the opinion was
entirely based on what he was told by Federal Reserve officials).

Secretary Paulson's threat swayed Lewis. According to Secretary Paulson, after he stated that the
management and the Board could be removed, Lewis replied, "that makes it simple. Let's
deescalate." Lewis admits that Secretary Paulson's threat changed his mind about invoking that MAC
clause and terminating the deal.

Secretary Paulson has informed us that he made the threat at the request of Chairman Bernanke.
After the threat, the conversation between Secretary Paulson and Lewis turned to receiving
additional government assistance in light of the staggering Merrill Lynch losses.

Lewis spoke with individual Board members after his conversation with Secretary Paulson. The next
day, December 22, 2008, the Board met and was advised of Lewis's decision not to invoke the MAC.
The minutes of that meeting listed the key points of Lewis's calls with Secretary Paulson and
Chairman Bernanke:

"(i) first and foremost, the Treasury and Fed are unified in their view that the failure of the
Corporation to complete the acquisition of Merrill Lynch would result in systemic risk to the financial
system in America and would have adverse consequences for the Corporation; (ii) second, the
Treasury and Fed state strongly that were the Corporation to invoke the material adverse change
("MAC") clause in the merger agreement with Merrill Lynch and fail to close the transaction, the
Treasury and Fed would remove the Board and management of the Corporation; (iii) third, the
Treasury and Fed have confirmed that they. will provide assistance to the Corporation to restore
capital and to protect the Corporation against the adverse impact of certain Merrill Lynch assets: and
(iv) fourth, the Fed and Treasury stated that the investment and asset protection promised could not
be provided or completed by the scheduled closing date of the merger, January 1, 2009; that the
merger should close as scheduled, and that the Corporation can rely on the Fed and Treasury to
complete and deliver the promised support by January 20, 2009, the date scheduled for the release
of earnings by the Corporation. "

The Board Minutes further state that the "Board clarify[ied] that is [sic] was not persuaded or
influenced by the statement by the federal regulators that the Board and management would be
removed by the federal regulators if the Corporation were to exercise the MAC clause and failed to
complete the acquisition of Merrill Lynch."

Another Board meeting was held on December 30, 2008. The minutes of that meeting stated that
"Mr. Lewis reported that in his conversations with the federal regulators regarding the Corporation's
pending acquisition of Merrill Lynch, he had stated that, were it not for the serious concerns
regarding the status of the United States financial services system and the adverse consequences of
that situation to the Corporation articulated by the federal regulators (the "adverse situation"), the
Corporation would, in light of the deterioration of the operating results and capital position of Merrill
Lynch, assert the material adverse change clause in its merger agreement with Merrill Lynch and
would seek to renegotiate the transaction."

Despite the fact that Bank of America had determined that Merrill Lynch's financial condition was so
grave that it justified termination of the deal pursuant to the MAC clause, Bank of America did not
publicly disclose Merrill Lynch's devastating losses or the impact it would have on the merger. Nor
did Bank of America disclose that it had been prepared to invoke the MAC clause and would have
done so but for the intervention of the Treasury Department and the Federal Reserve.

Lewis testified that the question of disclosure was not up to him and that his decision not to disclose
was based on direction from Paulson and Bernanke: "I was instructed that 'We do not want a public
disclosure. '"

Secretary Paulson, however, informed this Office that his discussions with Lewis regarding disclosure
concerned the Treasury Department's own disclosure obligations. Prior to the closing of the deal,
Lewis had requested that the government provide a written agreement to provide additional TARP
funding before the close of the Merrill Lynch/Bank of America merger. Secretary Paulson advised
Lewis that a written agreement could not be provided without disclosure.

Lewis testified that there was no discussion with the Board about disclosure to shareholders.
However, on the night of December 22, 2008, Lewis emailed the Board, "I just talked with Hank
Paulson. He said that there was no way the Federal Reserve and the Treasury could send us a letter
of any substance without public disclosure which, of course, we do not want." The December 30
Board meeting minutes further reflect that Bank of America was trying to time its disclosure of Merrill
Lynch's losses to coincide with the announcement of its earnings in January and the receipt of
additional TARP funds: "Mr. Lewis concluded his remarks by stating that management will continue to
work with the federal regulators to transform the principles that have been discussed into an
appropriately documented commitment to be codified and implemented in conjunction with the
Corporation's earning [sic] release on January 20, 2009."

It also bears noting that while no public disclosures were made by Bank of America, Lewis admitted
that Bank of America's decision not to invoke the MAC clause harmed any shareholder with less than
a three year time horizon:
marketwatch.com/story/story/print?… 2/3
Exh p230/264
5/15/2009 Text of Cuomo letter on Merrill Lync…
a three year time-horizon:

"Q. Wasn't Mr. Paulson, by his instruction, really asking Bank of America shareholders to take a
good part of the hit of the Merrill losses?

"A. What he was doing was trying to stem a financial disaster in the financial markets, from his
perspective.

"Q. From your perspective, wasn't that one of the effects of what he was doing?

"A. Over the short term, yes, but we still thought we had an entity that filled two big strategic holes for
us and over long term would still be an interest to the shareholders.

"Q. What do you mean by "short-term"?

"A. Two to three years."

Notably, during Bank of America's important communications with federal banking officials in late
December 2008, the lone federal agency charged with protecting investor interests, the Securities
and Exchange Commission, appears to have been kept in the dark. Indeed, Secretary Paulson
informed this Office that he did not keep the SEC Chairman in the loop during the discussions and
negotiations with Bank of America in December 2008.

As this crucial recovery process continues, it is important that taxpayers have transparency into
decision-making. It is equally important that investor interests are protected and respected. We hope
the information herein is useful to you in your federal regulatory and oversight capacities and we
remain ready to assist further in any way. We also note that we have been coordinating our inquiry
with the Special Inspector General for the Troubled Asset Relief Program, whose investigation also
remains open.

[Signed,]

Andrew M. Cuomo

Attorney General of the State of New York

cc: Neil Barofsky, Special Inspector General, Troubled Asset Relief Program

Copy right © 2009 MarketWatch, Inc. All rights reserv ed.


By using this site, y ou agree to the Terms of Serv ice and Priv acy Policy .

Intraday data prov ided by Interactiv e Data Real Time Serv ices, a div ision of Interactiv e Data Corp. and subject to terms of use. Historical and current end-of -day data prov ided by Interactiv e Data Pricing and Ref erence Data. More
inf ormation on NASDAQ traded sy mbols and their current f inancial status. Intraday data delay ed 15 minutes f or Nasdaq, and 20 minutes f or other exchanges. Dow Jones Indexes(SM) f rom Dow Jones & Company , Inc. SEHK intraday
data is prov ided by Comstock and is at least 60-minutes delay ed. All quotes are in local exchange time. Real-time last sale data prov ided by NASDAQ.

marketwatch.com/story/story/print?… 3/3
Exh p231/264
z May 15, 2009

Exhibit 7
April 24, 2009, Gloabl Economic Trend Blog-
Let the criminal indictments begin: Paulson,
Bernanke,Lewis.
Exh p232/264
5/15/2009 Mish's Global Economic Trend Analy…

. Fr ida y , A pr il 2 4 , 2 0 0 9 .

Let the Criminal Indictments Begin: Paulson, Bernanke,


Lewis

New York State Attorney General Andrew Cuomo's letter to the SEC and Senate Banking
Committee on the Bank of America, Merrill Lynch Merger provides strong evidence of coercion
to commit securities fraud by former Treasury Secretary Paulson and Fed Chairman Ben Bernanke,
and actual securities fraud by Bank of America CEO Kenneth D. Lewis.

At issue is Lewis's decision to back away from the merger deal with Merrill Lynch on a MAC (material
adverse change) clause because of rapidly deteriorating conditions at Merrill Lynch. Here are a few
pertinent snips from Cuomo's letter.

Immediately after learning on December 14, 2008 of what Lewis described as the "staggering
amount of deterioration" at Merrill Lynch, Lewis conferred with counsel to determine if Bank of
America had grounds to rescind the merger agreement by using a clause that allowed Bank of
America to exit the deal if a material adverse event ("MAC") occurred. After a series of internal
consultations and consultations with counsel, on December 17, 2008, Lewis informed then-
Treasury Secretary Henry Paulson that Bank of America was seriously considering invoking
the MAC clause. Paulson asked Lewis to come to Washington that evening to discuss the
matter.

At a meeting that evening Secretary Paulson, Federal Reserve Chairman Ben Bernanke,
Lewis, Bank of America's CFO, and other officials discussed the issues surrounding
invocation of the MAC clause by Bank of America. The Federal officials asked Bank of
America not to invoke the MAC until there was further consultation. There were follow-up calls
with various Treasury and Federal Reserve officials, including with Treasury Secretary
Paulson and Chairman Bernanke. During those meetings, the federal government officials
pressured Bank of America not to seek to rescind the merger agreement. We do not yet have
a complete picture of the Federal Reserve's role in these matters because the Federal
Reserve has invoked the bank examination privilege.

Bank of America's attempt to exit the merger came to a halt on December 21, 2008. That day,
Lewis informed Secretary Paulson that Bank of America still wanted to exit the merger
agreement. According to Lewis, Secretary Paulson then advised Lewis that, if Bank of America
invoked the MAC, its management and Board would be replaced.

In an interview with this Office, Secretary Paulson largely corroborated Lewis's account. On
the issue of terminating management and the Board, Secretary Paulson indicated that he told
Lewis that if Bank of America were to back out of the Merrill Lynch deal, the government either
could or would remove the Board and management.

…blogspot.com/…/let-criminal-indict… 1/3
Exh p233/264
5/15/2009 Mish's Global Economic Trend Analy…
Secretary Paulson's threat swayed Lewis. According to Secretary Paulson, after he stated that
the management and the Board could be removed, Lewis replied, "that makes it simple. Let's
deescalate." Lewis admits that Secretary Paulson's threat changed his mind about invoking
that MAC clause and terminating the deal.

Coercion To Commit Securities Fraud

It's crystal clear from the letter that a strong case can be made that Paulson and Bernanke coerced
Lewis to carry out a merger agreement that was not in Bank of America's shareholders best interest.
Lewis arguably did so only to save his own job and the board.

Flashback Monday, September 15, 2008

I called this correctly at the time. Please consider M arket Votes "No Confidence" In Merrill, Bank
of America Merger.

“There was no pressure from regulators, absolutely no pressure,” said Mr Lewis, who
described the deal as “the strategic opportunity of a lifetime”. He said: “The first contact came
on Saturday morning and we put the transaction together in 48 hours. The instant we talked it
made sense.”

My Translation: "The pressure from the Fed was enormous. Anyone in their right mind knows
this deal makes no sense to Bank of America".

....
The moral of this story is: The strong swallow the weak until the strong become weak.

And so it was, the relatively strong was coerced to buy the pathetically weak.

I suspect Lewis he will be forced out as CEO whether he is indicted or not. Certainly he deserves to go.
The more serious issue is the appearance of coercion by Paulson and Bernanke.

Please note that Cuomo's letter states "In an interview with this Office, Secretary Paulson largely
corroborated Lewis's account. "

As far as I am concerned, Paulson just pleaded guilty. I do not care what Paulson's reasons were, no
one is above the law.

Let the criminal indictments begin: Paulson, Bernanke, and Lewis.

Mike "Mish" Shedlock


http://globaleconomicanalysis.blogspot.com
Click Here To Scroll Thru My Recent Post List
…blogspot.com/…/let-criminal-indict… 2/3
Exh p234/264
5/15/2009 Mish's Global Economic Trend Analy…

Let t h e Cr i m i n a l In di ct m en t s Begin : Pa u l son , Ber n a n ke, Lewi s


Po s ted by Michael Shedlo ck at 12:48 AM .... Pr i n t .... Em a il

Newer Post Older Post Home


Subscribe to:

…blogspot.com/…/let-criminal-indict… 3/3
Exh p235/264
z May 15, 2009

Exhibit 8
January 8, 2008 NYT Report

Exh p236/264
Dl[;(tally SIQned by Joseph
ZW'lI.
" 0,\1. cn..Joseph Zernll(,
) ,..-=+.~:~~ trTIaH'~jz12345@I!arthlink..
UMI,{;;~US
Date: 2008.01.09 01 ;Oot;4Q
-(lll'OC'<

Joseph Zemik DMD PhD 2415 Samt George St Los f-eh7 CA ~10027 Fax' (801) '?9R¥091/ E'T181! j7 ~~' 3451~:~,~Grthlnk,nel

January 8,2008

Lender Tells Judge It 'Recreated' Letters


By GRETCHEN MORGENSON

The Countrywide Financial Corporation fabricated documents related to the banknlptcy


case of a Pennsylvania homeowner, court records show, raising new questions about the
business practices of the giant mortgage lender at the center of the subprime mess.

The documents - three letters from Countrywide addressed to the homeowner -


claimed that the borrower owed the company $4,700 because of discrepancies in escrow
deductions. Countrywide's local counsel described the letters to the court as "recreated,"
raising concern from the federal bankruptcy judge overseeing the case, Thomas P.
Agresti.

"These letters are a smoking gun that something is not right in Denmark," Judge Agresti
said in a Dec. 20 hearing in Pittsburgh.
The emergence of the fabricated documents comes as Countrywide confronts a rising tide
of complaints from borrowers who claim that the company pushed them into risky loans.
The matter in Pittsburgh is one of 300 bankruptcy cases in which Countrywide's practices
have come under scrutiny in western Pennsylvania.

Judge Agresti said that discovery should proceed so that those involved in the case,
including the Chapter 13 trustee for the western district of Pennsylvania and the United
States trustee, could determine how Countrywide's systems might generate such
documents.

A spokesman for the lender, Rick Simon, said: "It is not CouIlt:ryvlide's policy to ereate or
'fabricate' any documents as evidence that they were sent if they had not been. We believe
it will be shown in further discovery that the Countrywide bankruptcy technician who
generated the documents at issue did so as an efficient way to convey the dates th.e escrow
analyses were done and the calculations of the payments as a result of the analyses."
The documents were generated in a case involving Sharon Diane Hill, a homeowner in
Monroeville, Pa. Ms. Hill filed for Chapter 13 bankruptcy protection in March 2001 to try
to save her home from foreclosure.

After meeting her mortgage obligations under the 6o-month bankruptcy plan, Ms" l-lill's
case was discharged and officially closed on March'9, 2007. C';ountrywide, the servicer on

Exh p237/264
• Page 2 January 9, Z008

her loan, did not object to the discharge; court records from that date show she was
current on her mortgage.
But one month later, Ms. Hill reeeived a notice of intention to foreclose from
Countrywide, stating that she was in d.efault and owed the company $4,166.

Court records show that the amount claimed by Countrywide was from the period during
which Ms. Hill was making regular payments under the auspices of the bankruptcy court.
They included "monthly charges" totaling $3,840 from November 2006 to April 2:007,
late charges of $128 and other charges of almost $200.
A lawyer representing Ms. Hill in her bankruptcy case, Kenneth Steidl, of Steidl and
Steinberg in Pittsburgh, wrote Countrywide a few weeks later stating that Ms. Hill had
been deemed current on her mortgage during the period in question. But in May,
Countrywide sent Ms. Hill another notice stating that her loan was delinquent and
demanding that she pay $4,715.58. Neither Mr. Steidl nor Julia Steidl, who has also
represented Ms. Hill, returned phone calls seeking comment.
Justifying Ms. Hill's arrears, Countrywide sent her lawyer copies of three letters on
company letterhead addressed to the homeowner, as well as to Mr. Steidl and Ronda J.
Winnecour, the Chapter 13 trustee for the western district of Pennsylvania.

The Countrywide letters were dated September 2003, October 2004 and March 2007
and showed changes in escrow requirements on Ms. Hill's loan. "This letter is to advise
you that the escrow requirement has changed per the escrow analysis completed today,"
each letter began.
But Mr. Steidl told the court he had never received the letters. Furthennore, he noticed
that his address on the first Countrywide letter was not the locahon of his office at the
time, but an address he moved to later. Neither did the Chapter 13 tnlstee's office have
any record of receiving the letters, court records show.
When Mr. Steidl discussed this with Leslie E. Puida, Countrywide's outside counsel on
the case, he said Ms. Puida told him that the letters had been "recreated" by Countrywide
to reflect the escrow discrepancies, the court transcript shows. During these discussions,
Ms. Puida reduced the amount that Countrywide claimed Ms. Hill owed to $1,500 from
$4,700.

Under questioning by the judge, Ms. Puida said that "a proeessor" at Countrywide had
generated the letters to show how the escrow discrepancies arose. "They were not offered
to prove that they had been sent," Ms. Puida said. But she cI180 said, under questioning

Exh p238/264
• Page 3 January 9, ~~008

from the court, that the letters did not carry a disclaimer indicating that they were not
actual correspondence or that they had never been sent.

A Countrywide spokesman said that in bankruptcy cases, Country\vide's automated


systems are sometimes overridden, 'with technicians making manual adjustm{;~nts "to
comply with bankruptcy laws and the requirements in the jurisdiction in which a
bankruptcy is pending." Asked by Jrudge Agresti why Count1}"vide would go to the
trouble of "creating a letter that was never sent," Ms. Puida, its lawyer" said she did not
know.

"I just, I can't get over what I'm being told here about these recreations," Judge Agresti
said, "and what the purpose is or was and what was intended by them."
Ms. Hill's matter is one of 300 bankruptcy cases involving Countrywide that have come
under scrutiny by Ms. Winnecour, the Chapter 13 trustee in Pittsburgh. On Oct. 9, she
asked the court to sanction Countryvvide, contending that the company had lost or
destroyed more than $500,000 in checks paid by homem-vners in bankmptey from
December 2005 to April 2007.
Ms. Winnecour said in court filings that she was concerned that even as Countl)'\\'ide had
misplaced or destroyed the checks, it levied charges on the borrowers, including "late fees
and legal costs. A spokesman in her office said she would not eomment on the Hill case.
O. Max Gardner III, a lawyer in North Carolina who represents troubled borrowers, says
that he routinely sees lenders pursue borrowers for additional money after their
bankruptcies have been discharged and the courts have determined that the default has
been cured and borrowers are current. Regarding the Hill matter, Mr. Gardner said: "The
real problem in my mind when reading the transcript is that Countrywide's lawyer could
not explain how this happened."

Exh p239/264
z May 15, 2009

Exhibit 9
NTY News Report January 9, 2008

Exh p240/264
5/15/2009 Stocks Dive on Reports of New Ills - …
Welcome to TimesPeople TimesPeople Lets You Share and Discover the Best of NY... 2:17 PM Get Started No, thanks
What’s this?

HOME PAGE MY TIMES TODAY'S PAPER VIDEO MOST POPULAR TIMES TOPICS Get Home Delivery Log In Register Now

Business Business All NYT

W ORLD U.S. N.Y . / REGION BUSINESS T ECHNOLOGY SCIENCE HEA LT H SPORT S OPINION A RT S ST Y LE T RA V EL JOBS REAL ESTATE AUTOS

MEDIA & ADVERTISING WORLD BUSINESS SMALL BUSINESS YOUR MONEY DEALBOOK MARKETS RESEARCH MUTUAL FUNDS MY PORTFOLIO ALERTS
Ads redacted

Advertise on NYTimes.com

STOCKS AND BONDS More Articles in Business »

Stocks Dive on Reports of New Ills


Ads by Google
Ad redacted what's this?
By VIKAS BAJAJ
Published: January 9, 2008
SIGN IN TO 5 Stocks To Buy Now
RECOMMEND These 5 Stocks Offer You The Chance To Make 300%... 500%...
Shares tumbled late Tuesday after the head of AT&T suggested that Or More!
SIGN IN TO E-MAIL www.taipanpublishinggroup.com
consumers might be cutting back and Countrywide Financial denied OR SAVE THIS
that it was tumbling into bankruptcy. Real-Time NYSE Ticker
PRINT $7 Stock trades at Scottrade. Real-time in your portfolio.
www.Scottrade.com
The market was up modestly earlier in REPRINTS

Related the day but was rattled by the warning SHARE Is Your Bank In Trouble?
Free list Of Banks Doomed To Fail. The Banks and Brokers X
Tim es Topics: Mortgages and the from AT&T, the nation’s largest- List. Free!
www.MoneyAndMarkets.com
Markets telephone company, and rumors that
Countrywide, the nation’s largest
mortgage company, might file for bankruptcy protection.
MOST POPULAR - BUSINESS

The Standard & Poor’s 500-stock index fell 1.84 percent, or 25.99 E-MAILED BLOGGED

points, to 1,390.19, its lowest close since March 5. 1 . Thriv ing Norway Prov ides an Econom ics Lesson
2 . Food Com panies Are Placing the Onus for Safety on
The Dow Jones industrial average declined 238.42 points, or 1.86 percent, to 12,589.07, Consum ers
while the Nasdaq composite index dropped 58.95 points, or 2.36 percent, to 2,440.51. 3 . Adv ertising: Angry Ads Seek to Channel
Consum er Outrage
Of the five trading days this year, the S.& P. has posted a gain in only one: Monday. It is 4. Six Insurers Nam ed to Get U.S. Taxpay er Aid
down 5.3 percent for the year and 11.2 percent since hitting a high on Oct. 9, meeting the 5. In the Hunt: Inv estors Pay Business Plans Little
technical definition of a market correction. Heed, Study Finds
6. Backlash: Wom en Bully ing Wom en at Work
In recent days, many investors have grown increasingly convinced that the problems in 7 . Chry sler Plans to Shut 1 in 4 of Its U.S. Dealers
the housing market will drive the economy into a recession and that efforts to revive it 8. In Sign of Industry Shift, a Legal Giant Loses 2 Top
Partners
through interest rate cuts or federal government policy may not be sufficient. (Investors in
9. Hulu Questions Count of Its Audience
the futures markets are betting that the Federal Reserve will cut its overnight interbank
1 0. Pfizer Will Prov ide Prescriptions for Free to Jobless
lending rate by half a point, to 3.75 percent, when it meets at the end of the month.)
Go to Complete List »
A statement by AT&T’s chief executive, Randall L. Stephenson, drew a strong response
from the market because it suggested the weakness in the economy might start hurting
profits of a broader range of companies than just financial firms, retailers and home
builders.

Technology shares in the S.& P., for instance, are down nearly 10 percent so far this year;
telecommunications stocks are down 5.8 percent.

“The market is certainly going to struggle in the first quarter and a half to two quarters as
the subprime thing continues to weigh on the economy,” said Bruce Bittles, chief
investment strategist at Robert W. Baird & Company. “And housing will likely not stabilize Weekend without Bernie
until the second half of the year.” ALSO IN BUSINESS »
Small businesses still need financing
Underscoring the uncertainty, President Bush, who had been more optimistic than many White papers 101

investors, told reporters at the White House that the problems in the housing market
would “take a while to work through.”

“I like the fundamentals, they look strong,” Mr. Bush said, “but there are new signals that
ADVERTISEMENTS
should cause concern.”
Paul McInnis

nytimes.com/2008/01/…/09stox.htm… 1/3
Exh p241/264
5/15/2009 Stocks Dive on Reports of New Ills - …
Paul McInnis
On Friday, the Labor Department reported that the unemployment rate jumped to 5
New Hampshire Hilltop Home on 96
percent in December, from 4.7 percent. On Tuesday, the National Association of Realtors
Acres Selling at Auction
said its index of pending home sales, which tracks signings of sales contracts, fell 2.6
percent in November after increasing for much of the fall. Recent data on manufacturing
has also indicated slowing growth.

Shares of Countrywide fell $2.17, or 28.4 percent, to $5.47, after the company issued a
statement that said there was “no substance to the rumor that Countrywide is planning to
file for bankruptcy.” The company has been dogged by rising defaults and foreclosures; its
stock fell nearly 79 percent last year.

Shares of AT&T fell 4.6 percent, or $1.87, to $39.16, their biggest decline in nearly five
years. Speaking at an investment conference, Mr. Stephenson said AT&T was seeing
“softness” in its broadband and traditional home phone businesses. The cellphone and
corporate units, however, were continuing to grow, he said, according to Bloomberg
News.

It is unclear how much of the problems in the company’s consumer business stem from
the economy. Consumers have been ditching home phone lines for several years in favor
of cellphones and competing services provided by cable and Internet-based companies.

Some market specialists say investors appear to be overreacting to recent economic


reports. Aside from financial companies, corporate profits, these specialists say, are still
strong and stocks are cheap relative to their earnings.

“The fears are real, and we can’t just ignore them,” said Marc D. Stern, chief investment
officer at Bessemer Trust. “But we would argue that investors are missing the bigger
picture right now.”

One indication of fear is the price of gold, long considered a safe haven. On Tuesday, gold
futures increased 2 percent, to $880.30 a troy ounce. Gold is up 5.1 percent for the year
and 38 percent since the end of 2006. Crude oil prices closed up $1.24, or 1.2 percent, to
$96.33 a barrel.

Bond prices rose again on Tuesday. The price of the 10-year note was up 14/32, to 103
26/32. Its yield, which moves in the opposite direction from the price, dipped to 3.78
percent, from 3.83 percent Monday.

Following are the results of the auction of four-week bills:

Sign in to Recom m end

More Articles in Business »

The finest journalism in L.A.? The New York Times, as low as


$3.35 a week.

Ads by Google what's this?

Best Stocks To Buy 2009


Free Report: 10 Low -Priced Stocks Stocks Set to Explode - Act Now !
www.Cabot.net

Penny Stock Market Picks


Rising Penny Stock Markets! Stock Market Picks With 100%+ Gains
PennyStockPickAlert.com/markets

at&t stock Report


Up to the Minute Stock Analysis. Invest in your Future today.
www.Zacks.com/at%26t+stock

Tips
To find reference inform ation about the words used in this article, double-click on any word, phrase or
nam e. A new window will open with a dictionary definition or ency clopedia entry .

Past Coverage
Wall Street Hesitant Before Jobs Report (January 4 , 2 008)
U.S. Clears Sale of a Stake in Nasdaq (January 1 , 2 008)
Stock Exchanges Are in Talks To Buy Stake in Taiwan Board (January 1 , 2 008)
Stocks Slip, Ending Year Of Turm oil (January 1 , 2 008)

nytimes.com/2008/01/…/09stox.htm… 2/3
Exh p242/264
5/15/2009 Stocks Dive on Reports of New Ills - …
Related Searches
Stocks and Bonds Add Alert
Nasdaq Com posite Index Add Alert
Dow Jones Stock Av erage Add Alert
Country wide Financial Corp Add Alert

INSIDE NY TIMES.COM

DANCE » MOVIES » OPINION » ESCAPES » OPINION » TRAVEL »

Ads redacted Editorial: A


Better Census
Bureau
Congress must do more
to revitalize the weak
agency.

World Prem ieres and the A Less Crowded Cannes... Tasting Oliv es in San Luis Letters: Pictures of 3 6 Hours in Toronto
Tutu Deconstructed and a Silv er Lining? Obispo Torture

Home World U.S. N.Y. / Region Business Technology Science Health Sports Opinion Arts Style Travel Jobs Real Estate Automobiles Back to Top

Copyright 2008 The New York Times Company Privacy Policy Search Corrections RSS First Look Help Contact Us Work for Us Site Map

nytimes.com/2008/01/…/09stox.htm… 3/3
Exh p243/264
z May 15, 2009

Exhibit 10
January 11, 2008, AM, Herb
Greenberg's MarketBlog

Exh p244/264
5/15/2009 Herb Greenberg » Blog Archive » Th…

The Real Story on Countrywide, Cont’d….


8:17:20 AM January 11th, 2008 Permalink | Comments (87)

Now we know. Based on the implied price of the deal, which is around $7, give or take, this is a take-
under.

Yesterday I opined (clearly as a “guessing game”) that it would appear apparent:

1. The Fed is behind the deal. (Today’s thought: It’s as likely as yesterday.)

2. The Fed is behind the deal because the rumors yesterday of a near bankruptcy were probably true.
(Based on the price, it would appear more evident than ever.)

3. As part of the deal, the government likely agrees to guarantee BofA against Countrywide-related
losses. (There was nothing in the press release about that, so let’s give them the benefit of the
doubt and say BofA is shouldering all of the risk and at this price it believes the risk is worth the
reward.)

4. Lost in the in the noise yesterday was that Moody’s downgraded the ratings on 30 (count ‘em —
THIRTY!) tranches of Countrywide’s mortgage debt by more than a few notches. They did something
similar before American Home Mortgage filed for bankruptcy. (Remains as telling today as it was
yesterday.)

5. Investors bid the stock higher assuming a premium when it’s likely that BofA still needs to fully assess
the value of the assets before the deal’s full value will be known. (Speculators overshot on leak of the
takeover.)

6. Big question, of course, is what Countrywide investors will get. (Not as much as they expected. The
New York Times reported that Countrwide chief Angelo Mozilo never thought he’d get less than
$10.)

7. Rule of thumb with bankruptcies: Stocks often double on their way to zero. (There are exceptions to
every rule; this is one.)

8. BofA gets a free bank and a put to the government. (Make that a free thrift on the former; unclear
on the latter.)

And this note: I may be posting more insights here today. (It’s still early here; I’m just waking up!) The
blog will be “updated” to reflect the changes.

…marketwatch.com/…/the-real-stor… 1/20
Exh p245/264
z May 15, 2009

Exhibit 11
CNN News Report January 11, 2008

Exh p246/264
5/15/2009 BofA inks deal to buy Countrywide f…

Add redacted

Pow ered by

SAVE THIS | EMAIL THIS | Close

Countrywide rescue: $4
Add redacted
billion
In a widely expected move, Bank of America steps in
to buy one of the lenders hardest hit by the
mortgage crisis.

By David Ellis, CNNMoney.com staff writer


January 11 2008: 2:29 PM EST

NEW YORK (CNNMoney.com) -- Bank of America came to the


rescue of embattled mortgage lender Countrywide Financial Corp.
Friday, announcing it would buy the company for $4 billion in an all-
stock deal.

Countrywide (CFC, Fortune 500) shares tumbled 15 percent in


afternoon trading on the New York Stock Exchange a day after
soaring 51 percent on speculation that the deal was forthcoming. Bank of America (BAC, Fortune 500) stock edged lower.

Countrywide Chairman and CEO Angelo Mozilo said the sale to Bank of America was the right move as his company has
endured ongoing fallout from the housing slump.

"We believe this is the right decision for our shareholders, customers and employees," Mozilo said in a statement.

The deal would extend Bank of America's reach in the mortgage business by making it the nation's largest lender.

Bank of America Chairman and CEO Kenneth Lewis suggested he was aware of the troubles that his firm was taking on, but
said acquiring Countrywide was a "rare opportunity" for his company.

"Countrywide presents a rare opportunity for Bank of America to add what we believe is the best domestic mortgage platform at
an attractive price and to affirm our position as the nation's premier lender to consumers," Lewis said in a statement.

Under the terms of the deal, shareholders of the Calabasas, Calif.-based Countrywide would receive 0.1822 of a share of Bank
of America stock in exchange for each share of Countrywide. Based on Thursday's closing prices, the deal values Countrywide
at $4 billion, or $7.16 a share, a 7.6 percent discount to where the stock closed.

"The size of the discount BofA was able to negotiate indicates how difficult this situation is," said Christopher Brendler,
managing director at Stifel Nicolaus & Co. "The discount indicates we're not out of the woods yet, with more problems still to
come."

Bank of America said it expected to generate $670 million in after-tax savings as a result and that the deal would not negatively
impact its earnings in 2008.

As part of the deal, Bank of America will absorb Countrywide's massive, albeit troubled loan portfolio. Last year, Countrywide
had $408 billion in mortgage originations in 2007 and serviced about 9 million loans worth $1.5 trillion.

The two companies said that they would work toward keeping troubled borrowers in their homes, but said they did not plan to
re-enter the subprime loan business.

…clickability.com/pt/cpt?action=cpt… 1/2
Exh p247/264
5/15/2009 BofA inks deal to buy Countrywide f…
Countrywide essentially shut down its subprime lending operations last year to focus on originating loans that conform to
Fannie Mae and Freddie Mac guidelines, considered to be safe investments.

The proposed buyout, however, still faces approval from the boards of both companies, as well as federal regulators.

But analysts suspect the deal is unlikely to face any headwind from Washington since the Federal Deposit Insurance
Corporation, the government agency that guarantees consumer deposits, would likely have to order a bailout of Countrywide if
the situation at the company worsened.

"If this deal occurs, I believe it will have been shepherded by the bank regulators," said Punk, Ziegel & Co. analyst Richard
Bove wrote in a research note Friday.

During a conference call Friday morning, Lewis and Bank of America Chief Financial Officer Joe Price gave little insight as to
whether more buyouts were likely as a result of the buyout. Last year, Countrywide cut 12,000 as a result of its mortgage-
related woes.

They added, however, that they expected many senior executives at Countrywide would likely remain at Bank of America.

Lewis said he hoped that Countrywide's Mozilo, who co-founded the firm nearly 40 years ago, would stay until the buyout was
completed. Lewis said he would talk with Mozilo next week to see what his intentions were after that.

The two companies first paired up late last summer after Bank of America agreed to provide $2 billion in financing to
Countrywide in exchange for a 16 percent stake in the company.

At the time, Countrywide had been trying to cope with a worsening housing market and rising delinquencies and defaults,
especially among subprime mortgages given to customers with poor credit history. It had also been dealt a blow by the credit
crunch, which had dried up pools of funding.

Last October, Countrywide announced its first quarterly loss in 25 years, recording a $1.2 billion loss during the third quarter.

Executives said the loss represented the worst of the company's problems but predicted a quick return to profitability in 2008,
saying it had made necessary changes to market environment.

But the following months only proved more challenging for Countrywide. Countrywide reported rising delinquencies and
foreclosures within its loan portfolio in December, and had to deny rumors it was close to bankruptcy.

Talk of Bank of America buying the mortgage lender outright escalated earlier this week amid growing speculation that
Countrywide was on the verge of collapse.

Last year, Countrywide shares fell nearly 79 percent, making it the second worst performer in the S&P 500, a stock-market
index consisting of some of the largest U.S. companies.

Mozilo gets money for nothing

Merrill may write down $15 billion

Find this article at:


http://money.cnn.com/2008/01/11/new s/companies/boa_countryw ide/index.htm

SAVE THIS | EMAIL THIS | Close

Check the box to include the list of links referenced in the article.

2007 Cable News Network LP, LLP.

…clickability.com/pt/cpt?action=cpt… 2/2
Exh p248/264
z May 15, 2009

Exhibit 12
BAC Entry from Wikipedia
Downloaded - May 15, 2009

Exh p249/264
5/15/2009 Bank of America - Wikipedia, the fre…

Bank of America
From Wikipedia, the free encyclopedia
See also: Banc of America Securities

Bank of America Corporation Bank of America Corporation


(NYSE: BAC
(http://www.nyse.com/about/listed/bac.html)
), based in Charlotte, North Carolina is the Type Public
largest financial services company in the (NYSE: BAC
world[4], largest bank by assets,[3] second (http://www.nyse.com/about/listed/bac.html)
largest commercial bank by deposits, and )
(previously) third largest by market (TYO: 8648
capitalization in the United States.[5][6] Also, (http://www.bloomberg.com/apps/quote?
Bank of America is the number one
ticker=8648:JP) )
underwriter of global high yield debt, the third
largest underwriter of global equity and the Founded Bank of Italy (1904)
ninth largest adviser on global mergers and NationsBank (1874)
acquisitions.[7]
Headquarters Charlotte, North Carolina,
Bank of America serves clients in more than United States of America
150 countries and has a relationship with 99 Area served Worldwide
percent of the U.S. Fortune 500 companies
and 83 percent of the Fortune Global 500. Key people Kenneth D. Lewis
The company is a component of the Dow (President and CEO)

Jones Industrial Average and a member of the Walter E. Massey


Federal Deposit Insurance Corporation (Chairman)
(FDIC).[8] Industry Banking
Financial services
The Bank, at one point considered one of the
winners and healthiest survivors of the 2007 Investment services
credit crisis, plunged in market value due in Products Finance and insurance
part to massive losses caused by its purchase Consumer Banking
of Merrill Lynch. Its Q1 2009 profit was 4.2 Corporate Banking
billion with 3.7 billion having come from
Investment Banking
Merrill Lynch. [9]
Investment Management
Global Wealth Management
Private Equity
Contents Mortgage
Credit Cards
1 Corporate history
1.1 Bank of Italy Revenue ▲ US$124.32 billion (Jan '07)[1]
1.2 Growth in California Net income ▼ US$14.98 billion (Dec '07)[2]
1.3 Expansion outside of
California
Total assets ▲ US$2.88 trillion (Sep '08)[3]

en.wikipedia.org/…/Bank_of_America 1/15
Exh p250/264
5/15/2009 Bank of America - Wikipedia, the fre…
1.4 Merger of NationsBank Total equity ▲ US$146.803 billion[1]
and BankAmerica
Employees 171,587 (February 2009)
1.5 History since 2001
1.5.1 Acquisition of Website Bankofamerica.com
FleetBoston Financial (https://www.bankofamerica.com/)
1.5.2 Purchase of
MBNA
1.5.3 Divestiture of
operations in Brazil,
Chile and Uruguay
1.5.4 Purchase of US
Trust
1.5.5 Acquisition of
ABN AMRO North
America and LaSalle
Bank
1.5.6 Acquisition of
Countrywide Financial
1.5.7 Acquisition of
Merrill Lynch
2 Federal bailout
3 Bank of America divisions
3.1 Consumer
3.2 Corporate
3.3 Investment management
3.4 International operations
4 Board of Directors
5 Major Shareholders
6 Social responsibility
6.1 Diversity and inclusion
7 Controversies
8 Bank of America corporate
buildings
9 See also
10 References
11 Further reading
12 External links

Corporate history
Bank of Italy

The Bank of Italy was founded in San Francisco by Amadeo Giannini in 1904, based on catering to
immigrants. Amadeo was raised by the Fava/Stanghellini family when his father was shot while trying to

en.wikipedia.org/…/Bank_of_America 2/15
Exh p251/264
5/15/2009 Bank of America - Wikipedia, the fre…
collect on a $10.00 debt. When the 1906 San Francisco earthquake struck, Giannini was able to get all of
the deposits out of the bank building and away from the fires.

In 1922, Giannini established Bank of America and Italy in Italy by buying Banca dell'Italia Meridionale, itself
only established in 1918.

In the late 1920s, Giannini approached Orra E. Monnette, President and founder of Bank of America, Los
Angeles, about a merger between the two entities. The Los Angeles based bank had exhibited strong growth
throughout the 1920s, due in part to its success in developing an advanced branch banking system. The
merger was completed in early 1929 and took the name Bank of America. The combined company was
headed by Giannini with Monnette serving as co-Chair.

Growth in California

Giannini sought to build a national bank, expanding into most of the western states as well as into the
insurance industry, under the aegis of his holding company, Transamerica Corporation. The passage of the
Bank Holding Company Act of 1956, prohibited banks from owning non-banking subsidiaries such as
insurance companies. Bank of America and Transamerica were separated, with the latter company
continuing in the insurance business. However, federal banking regulators prohibited Bank of America's
interstate banking activity, and Bank of America's domestic banks outside California were forced into a
separate company that eventually became First Interstate Bancorp, which was acquired by Wells Fargo and
Company in 1996. It was not until the 1980s with a change in federal banking legislation and regulation that
Bank of America was again able to expand its domestic consumer banking activity outside California.

These technologies also allowed credit cards to be linked directly to individual bank accounts. In 1958, the
bank introduced the BankAmericard, which changed its name to VISA in 1975.[10] A consortium of other
California banks came up with Master Charge (now MasterCard) in order to compete with BankAmericard.

Expansion outside of California

Following the passage of the Bank Holding Company Act of 1967,


BankAmerica Corporation was established for the purpose of
owning Bank of America and its subsidiaries.

BankAmerica expanded outside California in 1983 with its acquisition


of Seafirst Corporation of Seattle, Washington, and its wholly owned
banking subsidiary, Seattle-First National Bank. Seafirst was at risk of
seizure by the federal government after becoming insolvent due to a
series of bad loans to the oil industry. BankAmerica continued to
operate its new subsidiary as Seafirst rather than Bank of America
until the 1998 merger with NationsBank.

BankAmerica was dealt huge losses in 1986 and 1987 by the


placement of a series of bad loans in the Third World, particularly in
Latin America. The company fired its CEO, Sam Armacost. Though
Armacost blamed the problems on his predecessor, A.W. (Tom) Bank of America Corporate
Clausen, Clausen was appointed to replace Armacost. The losses Center, located in the center of
resulted in a huge decline of BankAmerica stock, making it vulnerable uptown Charlotte, North Carolina.
to a hostile takeover. First Interstate Bancorp of Los Angeles (which
en.wikipedia.org/…/Bank_of_America 3/15
Exh p252/264
5/15/2009 Bank of America - Wikipedia, the fre…
had originated from banks once owned by BankAmerica), launched such a bid in the fall of 1986, although
BankAmerica rebuffed it, mostly by selling operations. It sold its FinanceAmerica subsidiary to Chrysler and
the brokerage firm Charles Schwab and Co. back to Mr. Schwab. It also sold Bank of America and Italy to
Deutsche Bank. By the time of the 1987 stock market crash, BankAmerica's share price had fallen to $8,
but by 1992 it had rebounded mightily to become one of the biggest gainers of that half-decade.

BankAmerica's next big acquisition came in 1992. The company acquired its California rival, Security Pacific
Corporation and its subsidiary Security Pacific National Bank in California and other banks in Arizona,
Idaho, Oregon and Washington (which Security Pacific had acquired in a series of acquisitions in the late
1980s). This was, at the time, the largest bank acquisition in history. Federal regulators, however, forced the
sale of Security Pacific's Washington subsidiary, Rainier Bank, as the combination of Seafirst and Rainier
would have given BankAmerica too large a share of the market in that state. The Rainier Bank branches
were divided and sold off to West One Bancorp (now U.S. Bancorp) and KeyBank.[11] Later that year,
BankAmerica expanded into Nevada by acquiring Valley Bank of Nevada.

In 1994, BankAmerica acquired the Continental Illinois National Bank and Trust Co. of Chicago, which had
become federally owned as part of the same oil industry debacle emanating from Oklahoma City's Penn
Square Bank, that had brought down numerous financial institutions including Seafirst. At the time, no bank
had the resources to bail out Continental, so the federal government operated the bank for nearly a decade.
Illinois at that time regulated branch banking extremely heavily, so Bank of America Illinois was a single-unit
bank until the 21st century. BankAmerica moved its national lending department to Chicago in an effort to
establish a financial beachhead in the region.

These mergers helped BankAmerica Corporation to once again become the largest U.S. bank holding
company in terms of deposits, but the company fell to second place in 1997 behind fast-growing
NationsBank Corporation, and to third in 1998 behind North Carolina's First Union Corp. In 1998,
BankAmerica was purchased by North Carolina-based NationsBank, and changed the headquarters to
Charlotte, North Carolina.

Merger of NationsBank and BankAmerica

In 1997, BankAmerica lent D. E. Shaw & Co., a large hedge fund, $1.4bn so that the hedge fund would run
various businesses for the bank. However, D.E. Shaw suffered significant loss after the 1998 Russia bond
default. BankAmerica was acquired by NationsBank later that year in October.

The purchase of BankAmerica Corp. by the NationsBank Corporation was the largest bank acquisition in
history at that time. While the deal was technically a purchase of BankAmerica Corporation by NationsBank,
the deal was structured as merger with NationsBank renamed to Bank of America Corporation, and Bank
of America NT&SA, changing its name to Bank of America, N.A. as the remaining legal bank entity. The
bank still operates under Federal Charter 13044 which was granted to Giannini's Bank of Italy on March 1,
1927. However, SEC filings before 1998 are listed under NationsBank, not BankAmerica.

Following the US$64.8 billion acquisition of BankAmerica by NationsBank, the resulting Bank of America
had combined assets of US$570 billion, as well as 4,800 branches in 22 states. Despite the mammoth size of
the two companies, federal regulators insisted only upon the divestiture of 13 branches in New Mexico, in
towns that would be left with only a single bank following the combination. This is because branch
divestitures are only required if the combined company will have a larger than 25 percent FDIC deposit
market share in a particular state or 10 percent deposit market share overall.

en.wikipedia.org/…/Bank_of_America 4/15
Exh p253/264
5/15/2009 Bank of America - Wikipedia, the fre…
History since 2001

In 2001, Bank of America CEO and chairman Hugh McColl stepped down and named Ken Lewis as his
successor. Lewis's greater focus on financial discipline and efficiency contrasted greatly with the
expansionary mergers and acquisition strategy of his predecessor.

Acquisition of FleetBoston Financial

In 2004, Bank of America announced it would purchase Boston-based bank FleetBoston Financial for $47
billion in cash and stock.[12] By merging with Bank of America, all of its banks and branches were given the
Bank of America logo. At the time of merger, FleetBoston was the seventh largest bank in United States with
$197 billion in assets, over 20 million customers and revenue of $12 billion.[12]

Purchase of MBNA

On 30 June 2005, Bank of America announced it would purchase credit card giant MBNA for $35 billion in
cash and stock. The Federal Reserve Board gave final approval to the merger on 15 December 2005, and
the merger closed on 1 January 2006. The acquisition of MBNA provided Bank of America a leading credit
card issuer at home and abroad. The combined Bank of America Card Services organization, including the
former MBNA — had more than 40 million U.S. accounts and nearly $140 billion in outstanding balances.
Under Bank of America the operation was renamed FIA Card Services.

Divestiture of operations in Brazil, Chile and Uruguay

In May 2006, Bank of America and Banco Itaú (Investimentos Itaú S.A.) entered into an acquisition
agreement through which Itaú agreed to acquire BankBoston's operations in Brazil and was granted an
exclusive right to purchase Bank of America's operations in Chile and Uruguay. A deal was signed in August
2006 under which Itaú agreed to purchase Bank of America's operations in Chile and Uruguay. Prior to the
transaction, BankBoston's Brazilian operations included asset management, private banking, a credit card
portfolio, and small, middle-market, and large corporate segments. It had 66 branches and 203,000 clients in
Brazil. BankBoston in Chile had 44 branches and 58,000 clients and in Uruguay it had 15 branches. In
addition, there was a credit card company, OCA, in Uruguay, which had 23 branches. BankBoston N.A. in
Uruguay, together with OCA, jointly served 372,000 clients. While the BankBoston name and trademarks
were not part of the transaction, as part of the sale agreement, they cannot be used by Bank of America in
Brazil, Chile or Uruguay following the transactions. Hence, the BankBoston name has disappeared from
Brazil, Chile and Uruguay. The Itaú stock received by Bank of America in the transactions has allowed Bank
of America's stake in Itaú to reach 11.51%. Banco Boston do Brazil had been founded in 1947.

Purchase of US Trust

On 20 November 2006, Bank of America announced the purchase of The United States Trust Company for
$3.3 billion, from the Charles Schwab Corporation. US Trust had about $100 billion of Assets Under
Management and over 150 years of experience. The deal closed 1 July 2007.[13]

Acquisition of ABN AMRO North America and LaSalle Bank

On September 14, 2007, Bank of America won approval from the Federal Reserve to acquire ABN
en.wikipedia.org/…/Bank_of_America 5/15
Exh p254/264
5/15/2009 Bank of America - Wikipedia, the fre…
AMRO N.A. and LaSalle Bank Corporation from Netherlands's ABN AMRO for $21 billion. With this
combination Bank of America will have 1.7 trillion in assets. A Dutch court blocked the sale until it was later
approved in July. The acquisition was completed on October 1, 2007.

The deal increased Bank of America's presence in Illinois, Michigan, and Indiana by 411 branches, 17,000
commercial bank clients, 1.4 million retail customers and 1,500 ATMs. Bank of America has become the
largest bank in the Chicago market with 197 offices and 14% of the deposit share, passing up JPMorgan
Chase.

LaSalle Bank and LaSalle Bank Midwest branches adopted the Bank of America name on 5 May 2008.[14]

Acquisition of Countrywide Financial

On August 23, 2007 the company announced a $2 billion repurchase agreement for Countrywide Financial.
This purchase of preferred stock was arranged to provide a return on investment of 7.25% per annum and
provided the option to purchase common stock at a price of $18 per share.[15]

Following that initial investment, on January 11, 2008, Bank of America announced that they would buy
Countrywide Financial for $4.1 billion.[16] This acquisition, which closed on July 1, 2008, gave the bank a
substantial market share of the mortgage business, and access to Countrywide's expertise, technology, and
employees for servicing mortgages.[17] The acquisition was seen as preventing the potential of bankruptcy for
Countrywide. Countrywide, however, denied that it was close to bankruptcy. Countrywide provides
mortgage servicing for nine million mortgages valued at $1.4 trillion USD as of December 31, 2007.[18]
However, Countrywide is under FBI investigation due to possible fraud in home loans and mortgages,
therefore Bank of America states that by 2009 they will only be "officially" affiliated to Countrywide.[19]

On July 1, 2008, Bank of America Corporation completed its purchase of Countrywide Financial
Corporation. This purchase made it the USA's leading mortgage originator and servicer, controlling between
20 to 25 percent of the home loan market.[20] The deal was structured to merge Countrywide with the Red
Oak Merger Corporation, which Bank of America created as an independent subsidiary. It has been
suggested that the deal was structured this way to prevent a potential bankruptcy stemming from large losses
in Countrywide hurting the parent organization by keeping Countrywide bankruptcy remote.[21]

Acquisition of Merrill Lynch

On September 15, 2008, Bank of America announced its intentions to purchase Merrill Lynch & Co., Inc. in
an all-stock deal worth approximately $ 50 billion, about 86% of the Bank of America stock price at close.
Merrill Lynch was at the time within days of collapse, and the acquisition effectively saved Merrill from
bankruptcy.[22] Around the same time Bank of America was reportedly also in talks to purchase Lehman
Brothers, however a lack of government guarantees caused the bank to abandon talks with Lehman.[23]
Lehman Brothers filed for bankruptcy the same day Bank of America announced its plans to acquire Merrill
Lynch.[24] This acquisition made Bank of America the largest financial services company in the world.[25]
Temasek Holdings, the largest shareholder of Merrill Lynch & Co., Inc., has become one of the largest
shareholders of Bank of America.[26]

Shareholders of both companies approved the acquisition on December 5, 2008, and the deal closed
January 1, 2009.[27]

en.wikipedia.org/…/Bank_of_America 6/15
Exh p255/264
5/15/2009 Bank of America - Wikipedia, the fre…
The Bank, in its January 16, 2009 earnings release, revealed massive losses at Merrill Lynch in the fourth
quarter, which necessitated an emergency government bailout of the Bank to keep it solvent. Merrill
recorded an operating loss of $21.5 billion in the quarter, mainly in its sales and trading operations, led by
Tom Montag. The Bank also disclosed it tried to abandon the deal in December after the extent of Merrill's
trading losses surfaced, but was compelled to complete the merger by the U.S. government. The Bank's
stock price sank to $7.18, its lowest level in 17 years, after announcing earnings and the Merrill mishap. The
market capitalization of Bank of America, including Merrill Lynch, was then $45 billion, less than the $50
billion it offered for Merrill just four months earlier, and down $108 billion from the merger announcement.

Federal bailout
Bank of America received US $20 billion in federal bailout from the US government through the TARP
program on 16 January 2009 and also got guarantee of US $118 billion in potential losses at the
company.[28] This was in addition to the $25 billion given to them in the Fall of 2008 through TARP. The
additional payment was part of a deal with the US government to preserve Bank of America's merger with
the troubled investment firm Merrill Lynch.[29] Since then, members of the US Congress have expressed
considerable concern about how this money has been spent, especially since some of the recipients have
been accused of mis-using the bailout money.[30] The Bank's CEO, Ken Lewis, was quoted as claiming "We
are still lending, and we are lending far more because of the TARP program." Members of the US House of
Representatives, however, were skeptical and quoted many anecdotes about loan applicants (particularly
small business owners) being denied loans and credit card holders facing stiffer terms on the debt in their
card accounts.

According to a March 15, 2009 article in The New York Times, Bank of America received an additional
$5.2 billion in government bailout money which was channeled through American International Group. [31]

Bank of America divisions

Typical Bank of America local


Bank of America ATM
office Bank of America branch in
Lowell, MA

Bank of America generates 90% of its revenues in its domestic market and continues to buy businesses in the
US. The core of Bank of America's strategy is to be the number one bank in its domestic market. It has
achieved this through key acquisitions.[32]

Consumer

Global Consumer and Small Business Banking (GC&SBB) is the largest division in the company, and deals
primarily with consumer banking and credit card issuance. The acquisition of FleetBoston and MBNA
en.wikipedia.org/…/Bank_of_America 7/15
Exh p256/264
5/15/2009 Bank of America - Wikipedia, the fre…
significantly expanded its size and range of services, resulting in about 51% of the company's total revenue in
2005. It competes directly with the retail banking divisions of Citigroup and JPMorgan Chase. The
GC&SBB organization includes over 6,100 retail branches and over 18,700 ATMs across the United
States.

Bank of America is a member of the Global ATM Alliance, a joint venture of several major international
banks that allows customers of the banks to use their ATM card or check card at another bank within the
Global ATM Alliance with no fees when traveling internationally. Other participating banks are Barclays
(United Kingdom), BNP Paribas (France), China Construction Bank (China), Deutsche Bank (Germany),
Santander Serfin (Mexico), Scotiabank (Canada) and Westpac (Australia and New Zealand).[33] This
feature is restricted to withdrawals using a debit card, though credit card withdrawals are still subject to cash
advance fees and foreign currency conversion fees. Additionally, some foreign ATMs use Smart Card
technology and may not accept non-Smart Cards.

Bank of America, N.A is a nationally chartered bank, regulated by the Office of the Comptroller of the
Currency, Department of the Treasury.

Corporate

Global Corporate and Investment Banking (GCIB), also known as Banc of America Securities LLC,
provides mergers and acquisitions advisory, underwriting, capital markets, as well as sales & trading in fixed
income and equities markets. Its strongest groups include Leveraged Finance, Syndicated Loans, and
mortgage-backed securities. It also has one of the largest research teams on Wall Street. Banc of America
Securities LLC is based in New York City, with major offices also located in Charlotte, Chicago, San
Francisco, Tokyo, Frankfurt, London, and Mumbai. Ken Lewis, the ambitious chief executive who
masterminded the bank's expansion into exotic new businesses including GCIB, bluntly ruled out any further
acquisitions in its investment banking division. "I've had all of the fun I can stand in investment banking at the
moment," he told analysts.

Investment management
Global Wealth and Investment Management manages assets of institutions and individuals. It is among the 10
largest U.S. wealth managers (ranked by private banking assets under management in accounts of $1 million
or more as of June 30, 2005). In July 2006, Chairman Ken Lewis announced that GWIM's total assets
under management exceeded $500 billion. GWIM has five primary lines of business: Premier Banking &
Investments (including Bank of America Investment Services, Inc.), The Private Bank, Family Wealth
Advisors, Columbia Management Group, and Banc of America Specialist.

Bank of America has recently spent $675 million building its US investment banking business and is looking
to become one of the top five investment banks worldwide. "Bank of America already has excellent
relationships with the corporate and financial institutions world. Its clients include 98% of the Fortune 500
companies in the US and 79% of the Global Fortune 500. These relationships, as well as a balance sheet that
most banks would kill for, are the foundations for a lofty ambition."[34]

Bank of America is currently constructing a massive new headquarters for its New York City operations.
The skyscaper will be located on 42nd Street and Avenue of the Americas, at Bryant Park, and will feature
state of the art, environmentally-friendly technology throughout its 1.2 million square feet (111,484 m²) of
office space. The building will be the headquarters for the company's investment banking division, and will
also host most of Bank of America's New York-based staff.
en.wikipedia.org/…/Bank_of_America 8/15
Exh p257/264
5/15/2009 Bank of America - Wikipedia, the fre…

International operations

In 2005, Bank of America acquired a 9% stake in China Construction Bank, China's second largest bank,
for $3 billion.[35] It represented the company's largest foray into China's growing banking sector. Bank of
America currently has offices in Hong Kong, Shanghai, and Guangzhou and is looking to greatly expand its
Chinese business as a result of this deal. In 2008 Bank of America was awarded Deal of the Year - Project
Finance Deal of the Year at the 2008 ALB Hong Kong Law Awards[36].

Bank of America has invested in India as an emerging market. Currently, Bank of America maintains
branches in Mumbai, Chennai, Calcutta, New Delhi and Bangalore. For the fiscal year ending March 31,
2006 Bank of America reported an 80% increase in net profit.[37]

Bank of America operated under the name BankBoston in many other Latin American countries, including
Brazil. In 2006, Bank of America sold all BankBoston's operations to Brazilian bank Banco Itaú, in
exchange for Itaú shares. The BankBoston name and trademarks were not part of the transaction and, as
part of the sale agreement, cannot be used by Bank of America. (That meant the extinction of the
BankBoston brand.)

Bank of America's Global Corporate and Investment Banking spans the Globe with divisions in United
States, Europe and Asia. The U.S. headquarters are located in New York, European headquarters are
based in London and Asia's headquarters are split between Singapore & Hong Kong.

Board of Directors
William Barnet III, Chairman, President and Chief Executive Officer, The Barnet Company
Frank P. Bramble Sr, Former Executive Officer, MBNA Corporation
John T. Collins, Chief Executive Officer, The Collins Group
Gary L. Countryman, Chairman Emeritus, Liberty Mutual Group
Tommy Franks, Retired General, United States Army
Charles K. Gifford, Former Chairman, Bank of America Corporation
Kenneth D. Lewis, President and Chief Executive Officer, Bank of America Corporation
Monica C. Lozano, Publisher and Chief Executive Officer of La Opinion
Walter E. Massey, Chairman, Bank of America Corporation, President Emeritus, Morehouse College
Thomas J. May, Chairman, President and Chief Executive Officer, NSTAR
Patricia E. Mitchell, President and Chief Executive Officer, The Paley Center for Media
Thomas M. Ryan, President and Chief Executive Officer, CVS Caremark Corporation
O. Temple Sloan, Jr., Chairman, General Parts International
Meredith R. Spangler, Trustee and Board Member
Robert L. Tillman, Chairman and CEO Emeritus, Lowe's
Jackie M. Ward, Retired Chairman/CEO, Computer Generation

Major Shareholders
Individuals Shares held
Kenneth D Lewis 2,372,260
en.wikipedia.org/…/Bank_of_America 9/15
Exh p258/264
5/15/2009 Bank of America - Wikipedia, the fre…
John A Thain 679,946
Bruce L Hammonds 504,429
Keith T Banks 336,371
Charles K Gifford 334,176

Institutions Shares held % held


Barclays Global Investors 192,077,414 3.83
State Street Corp 187,394,299 3.73
FMR 152,596,052 3.04
Vanguard Group 142,204,635 2.83
Capital World Investors 114,829,550 2.29
Wellington Management Comp 102,053,133 2.03
AXA 89,824,923 1.79
Bank of New York Mellon Corp 65,284,687 1.30
Morgan Stanley 58,081,288 1.16
JP Morgan Chase & Co 54,816,605 1.09

data from Yahoo! Finance as of January 1, 2009

Social responsibility
In addition to its new eco-friendly office tower in Manhattan, Bank of America has pledged to spend billions
on commercial lending and investment banking for projects that it considers "green." The corporation, which
already supplied all of its employees with cash incentives to buy hybrid vehicles, is also helping its customers
be eco-friendly by rolling out a new credit card program in 2007 that would donate money to helping the
environment, as well as providing mortgage loan breaks for customers whose homes qualified as energy
efficient.[38]

Bank of America has also donated money to help health centers in Massachusetts[39] and made donations to
help homeless shelters in Miami.[40]

In 2004 the bank pledged $750 billion over a ten-year period for community development lending and
investment. The company had delivered more than $230 billion against a ten-year commitment of $350
billion made in 1998 to provide affordable mortgage, build affordable housing, support small business and
create jobs in disadvantaged neighborhoods.

Diversity and inclusion

Bank of America was named for the 19th year as one of the "100

en.wikipedia.org/…/Bank_of_America 10/15
Exh p259/264
5/15/2009 Bank of America - Wikipedia, the fre…
Bank of America was named for the 19th year as one of the 100
Best Companies for Working Mothers" in 2007 by Working Mother
magazine. In 2006 Bank of America was one of the first companies
inducted into Working Mother magazine's Hall of Fame.

In 2007, DiversityInc ranked Bank of America as the number one


company for diversity in this prestigious list and placed as a top
employer for executive women, Hispanics, Asian Americans and for
GLBT executives, as well as number one for recruitment and Bank of America in Washington,
retention, and number six for supplier diversity. D.C.

IT Senior Management Forum (ITSMF) recognized Bank of America as the "2007 Organization of the
Year." This award is presented annually for leadership in the areas of developing and embracing a diverse
workforce.

National Black MBA Association awarded Bank of America the "2006 Company of the Year" for
recruiting, retaining and providing advancement opportunities for blacks in the workplace. It also recognized
Bank of America's Managing Director, Deputy Head of Global Investment Banking Lewis Warren, Jr. as
one of the "75 Most Powerful Blacks on Wall Street."

Bank of America was named the number one company for Hispanics by Hispanics Business Magazine in
2006. Latina Style continues to rank Bank of America in their Top 15 for its "50 Best Companies for
Latinas" which measures companies based on recruitment, retention and advancement opportunities for
Latinas.

Human Rights Campaign 2006 Corporate Equality Index gave Bank of America a 100% rating for its
support of gay, lesbian, bisexual and transgender associates.

Controversies
As is the case with many large corporations, some of Bank of America's corporate policies have been
controversial. Some policies, such as their overdraft fee policy, and their acceptance of the Matricula
Consular as an acceptable form of identification for account opening are widespread in the financial industry.
Other controversies have been more specific to Bank of America, such as its involvement in the bankruptcy
of the Italian food and dairy conglomerate Parmalat or its receipt of funds from the Troubled Asset Relief
Program. These controversies generate a great deal of media attention from critics on all points of the
political spectrum.

Bank of America corporate buildings


Bank of America Center in Boise, ID

en.wikipedia.org/…/Bank_of_America 11/15
Exh p260/264
5/15/2009 Bank of America - Wikipedia, the fre…
Bank of America Center in Boise, ID
Bank of America Tower in Phoenix, AZ
Bank of America Center in Los Angeles, CA
555 California Street, formerly the Bank of America Center, in
San Francisco, CA
Bank of America Tower in Jacksonville, FL
Bank of America Tower in Miami, FL
Bank of America Building in Orlando, FL
Bank of America Tower in St. Petersburg, FL
Bank of America Tower in Tampa, FL
Bank of America Plaza in Atlanta, GA (the tallest U.S. building
outside of NYC and Chicago)
Bank of America Building, formerly the LaSalle Bank Building
in Chicago, IL
Bank of America Building in Baltimore, MD Bank of America Plaza, Atlanta,
Bank of America Plaza in St Louis, MO GA.
Bank of America Corporate Center in Charlotte, NC (The
corporate headquarters)
Bank of America Plaza in Charlotte, NC
Bank of America Tower in Albuquerque, NM
Bank of America Tower in New York City, NY (under construction)
Bank of America Building in Providence, RI
Bank of America Plaza in Dallas, TX
Bank of America Center in Houston, TX
Bank of America Building in Bellevue, WA
Bank of America Fifth Avenue Plaza in Seattle, WA
Columbia Center in Seattle, WA
One City Center, often called the Bank of America building due to signage rights, in Portland, ME
200 Front Street West, often called the Bank of America tower in Toronto, ON
Bank of America Tower in Hong Kong

See also
Bank of America Canada
Bank of America (Asia)
List of bank mergers in United States

References
1. ^ a b "Bank of America (BAC) - Annual Income". Yahoo finance. http://finance.yahoo.com/q/is?
s=BAC&annual.
2. ^ "Bank of America (BAC) - Annual balance sheet". Yahoo finance. http://finance.yahoo.com/q/bs?
s=BAC&annual.
3. ^ a b Chu, Kathy; Krantz, Matt (2008-09-14). "Bank of America buys out Merrill in bold move". USA
Today. http://www.usatoday.com/money/industries/banking/2008-09-14-merrill-lynch-bank-of-
america_N.htm.
4. ^ "Lehman Bros files for bankruptcy". BBC News. 2008-09-16.
htt // bb k/1/hi/b i /7615931 t
en.wikipedia.org/…/Bank_of_America 12/15
Exh p261/264
5/15/2009 Bank of America - Wikipedia, the fre…
http://news.bbc.co.uk/1/hi/business/7615931.stm.
5. ^ "BofA tops Citigroup and JP Morgan Chase in market capitalization". Charlotte Business Journal. 2007-11-
05. http://charlotte.bizjournals.com/charlotte/stories/2007/11/05/daily8.html. Retrieved on 2007-12-28.
6. ^ "JPMorgan Chase's Market Value Tops Bank of America". Bloomberg.com. 2008-06-04.
http://www.bloomberg.com/apps/news?pid=20601087&sid=aIlEBDZG3kFU&refer=home. Retrieved on
2008-07-13.
7. ^ Bank of America (2008-09-15). Bank of America Buys Merrill Lynch Creating Unique Financial Services
Firm. Press release. http://www.bankofamerica.com/merrill/index.cfm?template=press_release.
8. ^ "Bank of America: About". Bank of America. http://www.bankofamerica.com/index.cfm?page=about.
9. ^ http://news.bbc.co.uk/2/hi/business/8008158.stm
10. ^ "The History of Visa". Visa Inc.. http://www.visalatam.com/e_aboutvisa/acerca_historia.jsp. Retrieved on
2007-10-29.
11. ^ Matassa Flores, Michele (1992-04-02). "Key Bank, West One Finalize Purchases". Seattle Times.
http://community.seattletimes.nwsource.com/archive/?date=19920402&slug=1484315. Retrieved on
2008-09-27.
12. ^ a b "US banking mega-merger unveiled". BBC News. 2003-10-27.
http://news.bbc.co.uk/2/low/business/3217803.stm.
13. ^ "Bank of America To Buy U.S. Trust". Forbes.com. 2006-11-20.
http://www.forbes.com/markets/2006/11/20/bank-of-america-markets-equity-cx_jl_1120markets12.html.
Retrieved on 2007-08-22.
14. ^ Tom, Henderson (2008-04-14). "BOA to 'paint the town red' with LaSalle name change". Crain's Detroit
Business (Crain Communications Inc). http://www.crainsdetroit.com/apps/pbcs.dll/article?
AID=/20080414/SUB/804140331. Retrieved on 2008-05-05.
15. ^ Caroline Salas and Steven Church (2007-08-23). "Countrywide Gives Bank of America $447 Million
Gain". Bloomberg L.P.. http://www.bloomberg.com/apps/news?
pid=20601087&sid=aqHmmBljF9Ok&refer=home. Retrieved on 2007-10-29.
16. ^ Reuters via Yahoo! News (2008-01-11). "Bank of America to buy Countrywide for $4 billion". Reuters.
http://news.yahoo.com/s/nm/20080111/bs_nm/countrywide_bankofamerica_dc_14. Retrieved on 2008-01-
11.
17. ^ Bauerlein, Valerie; Hagerty, James S. (2008-01-12). "Behind Bank of America's Big Gamble". Wall Street
Journal. pp. A1, A5. http://online.wsj.com/article/SB120005404048583617.html. Retrieved on 2008-01-15.
18. ^ "Countrywide Financial Corporation Thirteen Month Statistical Data for the period ended December 31,
2007". http://about.countrywide.com/PressRelease/PressRelease.aspx?rid=1093858. Retrieved on 2008-01-
15.
19. ^ CNN! News (2008-03-10). "Countrywide FBI Investigation".
http://money.cnn.com/2008/03/08/news/companies/countrywide_FBI/index.htm. Retrieved on 2008-03-10.
20. ^ ""BofA completes deal for Countrywide Financial"". Associated Press. 2008-07-01.
http://www.orlandosentinel.com/business/sns-ap-bank-of-america-countrywide,0,1423871.story. Retrieved
on 2008-07-02.
21. ^ "Bank of America May Not Guarantee Countrywide's Debt". Bloomberg News. 2008-05-02.
http://www.bloomberg.com/apps/news?pid=20601103&sid=aEtv5YOYSFwY&refer=us. Retrieved on
2008-08-03.
22. ^ http://www.law.com/jsp/article.jsp?id=1202424529176
23. ^ http://www.bloomberg.com/apps/news?pid=20601087&sid=aiu6I5m66pcw&refer=home
24. ^ http://www.nytimes.com/2008/09/15/business/15lehman.html
25. ^ Lehman Brothers files for Bankruptcy (http://news.bbc.co.uk/1/hi/business/7615931.stm)
26. ^ http://afp.google.com/article/ALeqM5i2utZN9Et0f-U1kZR8zBMw51evaA
27. ^ "Bank of America Completes Merrill Lynch Purchase". prnewswire.com for Bank of America. 2009-01-
01. http://news.prnewswire.com/DisplayReleaseContent.aspx?ACCT=104&STORY=/www/story/01-01-
2009/0004948222&EDATE=.
28. ^ http://www.breitbart.com/article.php?
id=CNG.38849e166a876fe3b800838530d14243.e31&show_article=1
29. ^ http://uk.reuters.com/article/americasDealsNews/idUKTRE5140OA20090205
en.wikipedia.org/…/Bank_of_America 13/15
Exh p262/264
5/15/2009 Bank of America - Wikipedia, the fre…
30. ^ http://money.cnn.com/2009/02/11/news/companies/congress_banks/index.htm?postversion=2009021117
31. ^ A.I.G. Lists Firms It Paid With Taxpayer Money
(http://www.nytimes.com/2009/03/16/business/16rescue.html?ref=business) , The New York Times,
March 15, 2009
32. ^ "Awards for Excellence 2007 Best Bank: Bank of America". Euromoney. 2007-07-13.
http://www.euromoney.com/article.asp?ArticleID=1391932.
33. ^ "Five big banks form Global ATM Alliance" (http://www.atmmarketplace.com/article.php?id=1886) ,
ATMmarketplace.com. January 9, 2002. Accessed June 22, 2007.
34. ^ "Bank of America’s next step forward". Euromoney. 2007-07-13.
http://www.euromoney.com/article.asp?ArticleID=1391226.
35. ^ "Bank of America invests in China". BBC. 2005-06-17. http://news.bbc.co.uk/2/hi/business/4102670.stm.
Retrieved on 2007-08-22.
36. ^ www.legalbusinessonline.com.au
37. ^ "Bank of America's India operations have reported an 80 per cent jump in net profit". indiadaily.com.
2006-06-15. http://www.indiadaily.com/editorial/9739.asp.
38. ^ "Bank vows $20 billion for green projects". msnbc. 2007-03-07.
http://www.msnbc.msn.com/id/17500301/.
39. ^ Kowalczyk, Liz (2007-03-10). "Bank to aid health centers". The Boston Globe.
http://www.boston.com/business/globe/articles/2007/03/10/bank_to_aid_health_centers/. Retrieved on
2007-08-22.
40. ^ Freer, Jim (2007-03-09). "BofA donates $1M to Camillus House". South Florida Business Journal.
http://phoenix.bizjournals.com/southflorida/stories/2007/03/05/daily40.html. Retrieved on 2007-08-22.

Further reading
Bonadio, Felice A. (1994). A.P. Giannini: Banker of America. Berkeley, CA: University of
California Press. ISBN 0520082494.
Hector, Gary (1988). Breaking the Bank: The Decline of BankAmerica. Boston: Little, Brown.
ISBN 0316353922.
James, Marquie; James, Bessie (1954). Biography of a Bank: The Story of Bank of America
N.T.&S.A.. New York: Harper and Brothers.
Johnston, Moira (1990). Roller Coaster: The Bank of America and the Future of American
Banking. New York: Ticknor & Fields.
Josephson, Matthew (1972). The Money Lords; the great finance capitalists, 1925-1950. New
York: Weybright and Talley.
Lampert, Hope (1986). Behind Closed Doors: Wheeling and Dealing in the Banking World. New
York: Atheneum.
Light, Larry (2007-10-01). "Cover Story - Money for the Masses". Forbes Magazine.
Monnette, Orra Eugene. Personal Papers Collection. Los Angeles, CA: Los Angeles Public
Library.
Nash, Gerald G. (1992). A.P. Giannini and the Bank of America. Norman, OK: University of
Oklahoma Press.
Yockey, Ross (1999). McColl: The Man with America's Money. Atlanta: Longstreet Press.
Ahmed, Azam; Demirjian, Karoun (2007-02-15). "Credit offered to illegal residents". Chicago
Tribune.

External links

en.wikipedia.org/…/Bank_of_America 14/15
Exh p263/264
5/15/2009 Bank of America - Wikipedia, the fre…
Media related to Bank of America at Wikimedia Commons
Bankofamerica.com (https://www.bankofamerica.com) Homepage

Retrieved from "http://en.wikipedia.org/wiki/Bank_of_America"


Categories: Companies listed on the New York Stock Exchange | Companies listed on the Tokyo Stock
Exchange | Dow Jones Industrial Average | Companies established in 1874 | Bank of America | Primary
dealers | Banks based in North Carolina | Companies based in Charlotte, North Carolina | Bank of America
legacy banks | Mortgage lenders | Online brokerages | Entities involved in United States housing bubble
Hidden categories: Articles to be expanded since January 2009 | All articles to be expanded |
Portal:Companies/Total

This page was last modified on 12 May 2009, at 23:55 (UTC).


All text is available under the terms of the GNU Free Documentation License. (See Copyrights for
details.)
Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a U.S. registered 501(c)(3)
tax-deductible nonprofit charity.

en.wikipedia.org/…/Bank_of_America 15/15
Exh p264/264

Vous aimerez peut-être aussi