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NATIONAL CREDIT UNION ADMINISTRATION BOARD v. BARCLAYS CAPITAL, INC., 12-cv-2631 (JWL). (2015)

Court: District Court, D. Kansas Number: infdco20151008599 Visitors: 5
Filed: Aug. 10, 2015
Latest Update: Aug. 10, 2015
Summary: STIPULATION AND ORDER REGARDING THE APPLICATION OF THE SUPPLEMENTAL ORDER FOR MATERIALS PRODUCED BY THE LIQUIDATING TRUSTEE FOR PEOPLE'S CHOICE HOME LOAN, INC. TO THE BARCLAYS KANSAS ACTION JOHN W. LUNGSTRUM , District Judge . WHEREAS, numerous RMBS actions brought by NCUA in the Central District of California, the District of Kansas, and the Southern District of New York were coordinated by these Courts in April 2014; WHEREAS, the Courts issued certain orders to facilitate such coor
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STIPULATION AND ORDER REGARDING THE APPLICATION OF THE SUPPLEMENTAL ORDER FOR MATERIALS PRODUCED BY THE LIQUIDATING TRUSTEE FOR PEOPLE'S CHOICE HOME LOAN, INC. TO THE BARCLAYS KANSAS ACTION

WHEREAS, numerous RMBS actions brought by NCUA in the Central District of California, the District of Kansas, and the Southern District of New York were coordinated by these Courts in April 2014;

WHEREAS, the Courts issued certain orders to facilitate such coordination, including the Master Discovery Protocol ("MDP"), the Loan File Reunderwriting Protocol ("LFRP") and the Master Protective Order ("MPO");

WHEREAS, the Barclays action in the Southern District of New York (Case No. 13-cv-6727 (DLC)) was formally made subject to such coordination, but the Barclays action in the District of Kansas, Case No. 12-cv-2631 (JWL) ("Barclays Kansas"), was not because in April 2014 it had been dismissed in its entirety in the District Court and was pending appeal in the Tenth Circuit;

WHEREAS, on August 26, 2014, the Courts entered a Stipulation and Supplemental Protective Order for Materials Produced by the Liquidating Trustee for People's Choice Home Loan, Inc. ("Supplemental Order") allowing NCUA access to materials made available by the Trustee of the Liquidating Trust of People's Choice Home Loan, Inc. ("Trustee") in other NCUA cases on the terms set forth in the Supplemental Order;

WHEREAS, the Tenth Circuit issued an opinion reversing the decision to dismiss Barclays Kansas on March 3, 2015;

WHEREAS, the Courts issued an order, on May 22, 2015, coordinating Barclays Kansas with the other pending RMBS actions under the MDP, LFRP, MPO and related orders;

WHEREAS, Plaintiff NCUA seeks certain records of People's Choice Home Loan, Inc. through a subpoena to the Trustee in Barclays Kansas and the parties wish for the Supplemental Order, entered in the other RMBS actions brought by NCUA, to apply to Barclays Kansas;

NOW, THEREFORE, in light of the foregoing, and for good cause shown, it is hereby stipulated and agreed by and among the Trustee and the parties to Barclays Kansas, subject to the approval of the Court, that the Supplemental Order shall apply to Barclays Kansas.

IT IS SO ORDERED.

Source:  Leagle

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