In the matter of:
The Application of Quinn Emanuel Urquhart
& Sullivan, LLP to subpoena documents
from CUSTODIAN OF RECORDS, THE
DEPOSITORY TRUST COMPANY, under
a Commission issued in an action entitled
MBIA INSURANCE CORPORATION, a
New York corporation, Plaintiff v.
INDYMAC ABS, INC., a Delaware
corporation; HOME EQUITY MORTGAGE
2006-H4, a Delaware statutory trust; HOME
BACKED TRUST, SERIES INDS 2007-1, a
New York common law trust; HOME
BACKED TRUST, SERIES INDS 2007-2, a
New York common law trust; CREDIT
SUISSE SECURITIES (USA), L.L.C., a
Delaware limited liability Corporation; UBS
SECURITIES, LLC, a Delaware
corporation; JPMORGAN CHASE & CO., a
Delaware corporation; MICHAEL PERRY,
an individual; A. SCOTT KEYS, an
individual; JILL JACOBSON, an individual;
KEVIN CALLAN, an individual; and JOHN
and JANE DOES 1 – 100, Defendants,
pending in the Superior Court of California,
Los Angeles County, Central District, Case
No. BC422358.
ORDER DIRECTING
PRODUCTION OF BUSINESS
RECORDS FOR USE IN AN
ACTION PENDING
OUTSIDE NEW YORK STATE
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ARIZONA
Minute Entry
Hearing Information:
Debtor: ANDREW C BAILEY Case Number: 2:09-bk-06979-RTBP Chapter: 11 Date / Time / Room: TUESDAY, NOVEMBER 09, 2010 10:00 AM 7TH FLOOR #701 Bankruptcy Judge: SARAH SHARER CURLEY Courtroom Clerk: WANDA GARBERICK Reporter / ECR: ANDAMO PURVIS
Matter:
ADV: 2-09-01728
ANDREW C. BAILEY vs THE BANK OF NEW YORK MELLON, FKA THE BAN
HEARING RE Motion to Dismiss Complaint Defendants’ Motion To Dismiss, With Prejudice, Plaintiff’s Fourth Amended Complaint To Determine The Validity, Priority or Extent Of a Lien or Other Interest in Real Property and Petition For Injunctive Relief filed by KYLE S. HIRSCH of BRYAN CAVE LLP on behalf of BAC HOME LOANS SERVICING R / M #: 50 / 0
Appearances:
ANDREW C BAILEY
KYLE S. HIRSCH, ATTORNEY FOR THE BANK OF NEW YORK MELLON, FKA THE BANK
Proceedings:
Mr. Hirsch goes over the background of the complaints that have been filed, and notes that this is the fourth amended complaint with no basis. Mr. Bailey gives his statements to the court on the note.
COURT: THE COURT FINDS THAT AT THIS TIME MR. BAILEY HAS NO SUPPORT FOR HIS CLAIMS. MR. HIRSCH IS DIRECTED TO GET THE ORIGINAL CUSTODIAL FILE FROM NEW YORK FOR THE COURT TO REVIEW. HE SHOULD ALSO GET AN AFFIDAVIT FROM THE INDIVIDUAL GETTING THE FILE, THAT THERE HAS NOT BEEN ANY CHANGES SINCE 2006. IT IS ORDERED CONTINUING THIS HEARING TO JANUARY 13, 2011 AT 10:00 A.M.
Case 2:09-ap-01728-SSC Doc 61 Filed 11/09/10 Entered 11/09/10 15:07:05
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