Case: 12-3207 Document: 1-1 Page: 1 08/14/2012 691546 1

S.D.N.Y.–N.Y.C. 11-cv-5201 Cote, J. Francis, M.J. United States Court of Appeals FOR THE SECOND CIRCUIT

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 14th day of August, two thousand twelve.

Present: Denny Chin, Susan L. Carney, Christopher F. Droney, Circuit Judges.

Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation,

Plaintiffs - Respondents, v. 12-2547

UBS Americas Inc., et al.,

Defendants - Petitioners.

Petitioners, through counsel, move, pursuant to 28 U.S.C. § 1292(b), for leave to appeal an interlocutory order of the district court, and, if leave to appeal is granted, for expedited briefing. Upon due consideration, it is hereby ORDERED that both requests are GRANTED. The Clerk’s Office is directed to issue an expedited scheduling order and to set the appeal for the next available calendar. FOR THE COURT: Catherine O’Hagan Wolfe, Clerk

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CASREF, ECF, RELATED

U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:11-cv-05201-DLC

Federal Housing Finance Agency as Conservator for the Date Filed: 07/27/2011 Federal National Mortgage Association et al v. UBS Jury Demand: Plaintiff Americas Inc. et al Nature of Suit: 850 Assigned to: Judge Denise L. Cote Securities/Commodities Referred to: Magistrate Judge James C. Francis (Settlement) Jurisdiction: Federal Question Related Case: 1:11-cv-06188-DLC Cause: 15:77 Securities Fraud Plaintiff Federal Housing Finance Agency represented by Adam M. Abensohn as Conservator for the Federal National Quinn Emanuel Urquhart & Sullivan, Mortgage Association and The Federal LLP Home Loan Mortgage Corporation 51 Madison Avenue, 22nd Floor New York, NY 10010 (212) 849-7000 PRO HAC VICE ATTORNEY TO BE NOTICED

Adam Michael Abensohn Quinn Emanuel Urquhart Oliver & Hedges LLP 51 Madison Avenue New York, NY 10010 (212) 849-7229 Fax: (212) 849-7100 Email: [email protected] ATTORNEY TO BE NOTICED

David Bernard Schwartz Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Ave. New York, NY 10010 (212)-849-7456 Fax: (212)-849-7100 Email: [email protected] ATTORNEY TO BE NOTICED

Jon David Corey Quinn Emanuel Urquhary & Sullivan,

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LLP 1299 Pennsylvania Ave., NW Suite 825 Washington, DC 20004 202-538-8000 Fax: 202-538-8100 PRO HAC VICE ATTORNEY TO BE NOTICED

Jordan Ari Goldstein Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Avenue New York, NY 10010 (917)-478-2374 Fax: (212)-849-7100 Email: [email protected] ATTORNEY TO BE NOTICED

Kathleen M. Sullivan Quinn Emanuel 51 Madison Avenue New York, NY 10010 (212) 849-7327 Fax: (212) 849-7100 Email: [email protected] ATTORNEY TO BE NOTICED

Manisha M. Sheth Quinn Emanuel Urquhart & Sullivan LLP 51 Madison Avenue, 22nd Floor New York, NY 10010 (212) 849-7441 Fax: (212) 849-7100 Email: [email protected] ATTORNEY TO BE NOTICED

Philippe Zuard Selendy Quinn Emanuel Urquhart & Sullivan, LLP (NYC) 51 Madison Avenue New York, NY 10010 (212) 849-7260 Fax: (212) 849-7100 Email: [email protected]

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ATTORNEY TO BE NOTICED

V. Defendant UBS Americas Inc. represented by Jay B. Kasner Skadden, Arps, Slate, Meagher & Flom LLP (NYC) Four Times Square 42nd floor New York, NY 10036 212 735 3000 Fax: 212 735 2000 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander C Drylewski Skadden, Arps, Slate, Meagher & Flom LLP (NYC) Four Times Square 42nd floor New York, NY 10036 (212) 735-3000 Fax: (917)-777-2129 Email: [email protected] ATTORNEY TO BE NOTICED

Robert Alexander Fumerton Skadden, Arps, Slate,Meagher & Flom LLP(IIA) Four Times Sq., New York, NY 10036 (212)-735-3902 Fax: (212)-777-3902 Email: [email protected] ATTORNEY TO BE NOTICED

Scott D. Musoff Skadden, Arps, Slate, Meagher & Flom LLP (NYC) Four Times Square 42nd floor New York, NY 10036 212-735-3000 Fax: 212-735-2000 Email: [email protected] ATTORNEY TO BE NOTICED

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Thomas Jerome Nolan Skadden, Arps, Slate, Meagher & Flom, LLP (Los Angeles) 300 South Grand Avenue 34th Floor Los Angeles, CA 90071 (213) 687-5250 Fax: (213) 687-5600 Email: [email protected] ATTORNEY TO BE NOTICED Defendant UBS Real Estate Securities Inc. represented by Jay B. Kasner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander C Drylewski (See above for address) ATTORNEY TO BE NOTICED

Robert Alexander Fumerton (See above for address) ATTORNEY TO BE NOTICED

Scott D. Musoff (See above for address) ATTORNEY TO BE NOTICED

Thomas Jerome Nolan (See above for address) ATTORNEY TO BE NOTICED Defendant UBS Securities, LLC represented by Jay B. Kasner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander C Drylewski (See above for address) ATTORNEY TO BE NOTICED

Robert Alexander Fumerton (See above for address) ATTORNEY TO BE NOTICED

Scott D. Musoff (See above for address) ATTORNEY TO BE NOTICED

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Thomas Jerome Nolan (See above for address) ATTORNEY TO BE NOTICED Defendant Mortgage Asset Securitization represented by Jay B. Kasner Transactions, Inc. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander C Drylewski (See above for address) ATTORNEY TO BE NOTICED

Robert Alexander Fumerton (See above for address) ATTORNEY TO BE NOTICED

Scott D. Musoff (See above for address) ATTORNEY TO BE NOTICED

Thomas Jerome Nolan (See above for address) ATTORNEY TO BE NOTICED Defendant David Martin represented by Jay B. Kasner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander C Drylewski (See above for address) ATTORNEY TO BE NOTICED

Robert Alexander Fumerton (See above for address) ATTORNEY TO BE NOTICED

Scott D. Musoff (See above for address) ATTORNEY TO BE NOTICED

Thomas Jerome Nolan (See above for address) ATTORNEY TO BE NOTICED Defendant

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Per Dyrvik represented by Jay B. Kasner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander C Drylewski (See above for address) ATTORNEY TO BE NOTICED

Robert Alexander Fumerton (See above for address) ATTORNEY TO BE NOTICED

Scott D. Musoff (See above for address) ATTORNEY TO BE NOTICED

Thomas Jerome Nolan (See above for address) ATTORNEY TO BE NOTICED Defendant Hugh Corcoran represented by Jay B. Kasner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander C Drylewski (See above for address) ATTORNEY TO BE NOTICED

Robert Alexander Fumerton (See above for address) ATTORNEY TO BE NOTICED

Scott D. Musoff (See above for address) ATTORNEY TO BE NOTICED

Thomas Jerome Nolan (See above for address) ATTORNEY TO BE NOTICED Defendant Peter Slagowitz represented by Jay B. Kasner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander C Drylewski

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(See above for address) ATTORNEY TO BE NOTICED

Robert Alexander Fumerton (See above for address) ATTORNEY TO BE NOTICED

Scott D. Musoff (See above for address) ATTORNEY TO BE NOTICED

Thomas Jerome Nolan (See above for address) ATTORNEY TO BE NOTICED

Date Filed # Docket Text 07/27/2011 1 COMPLAINT against Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Filing Fee $ 350.00, Receipt Number 1012635)Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation.(mro) (ama). (Entered: 07/28/2011) 07/27/2011 SUMMONS ISSUED as to Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (mro) (Entered: 07/28/2011) 07/27/2011 Magistrate Judge Frank Maas is so designated. (mro) (Entered: 07/28/2011) 07/27/2011 Case Designated ECF. (mro) (Entered: 07/28/2011) 08/09/2011 2 AFFIDAVIT OF SERVICE of Summons, Complaint, Civil Cover Sheet, Individual Practices of Judge Marrero, Individual Practices of Magistrate Judge Maas and Electronic Case Filing Rules & Instructions served on David Martin on 8-3-2011. Service was accepted by Rachel Meier. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Selendy, Philippe) (Entered: 08/09/2011) 08/09/2011 3 AFFIDAVIT OF SERVICE of Summons, Civil Cover Sheet, Complaint and Individual Practices of Judge Marrero served on UBS Securities LLC on 7/28/2011. Service was accepted by Cynthia Walshe. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Selendy, Philippe) (Entered: 08/09/2011) 08/09/2011 4 AFFIDAVIT OF SERVICE of Summons, Complaint, Civil Cover Sheet and Individual Practices of Judge Marrero on 07/28/2011. Service was accepted by Arlene Dyrvik. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Selendy,

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Philippe) (Entered: 08/09/2011) 08/17/2011 5 STIPULATION TO EXTEND TIME TO ANSWER, MOVE OR OTHERWISE RESPOND, that Defendants' time to answer, move or otherwise respond to the Complaint is extended up to and including September 20, 2011. All Defendants. (Signed by Judge on 8/17/11) (pl) (Entered: 08/18/2011) 08/22/2011 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying UBS AG as Corporate Parent. Document filed by Mortgage Asset Securitization Transactions, Inc., UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC.(Kasner, Jay) (Entered: 08/22/2011) 09/02/2011 7 FIRST AMENDED COMPLAINT amending 1 Complaint, against Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC with JURY DEMAND.Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation. Related document: 1 Complaint, filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation.(tro) (Entered: 09/08/2011) 09/08/2011 8 NOTICE OF APPEARANCE by Manisha M. Sheth on behalf of Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association (Sheth, Manisha) (Entered: 09/08/2011) 09/16/2011 9 NOTICE OF APPEARANCE by Jay B. Kasner on behalf of Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC (Kasner, Jay) (Entered: 09/16/2011) 09/16/2011 10 NOTICE OF APPEARANCE by Scott D. Musoff on behalf of Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC (Musoff, Scott) (Entered: 09/16/2011) 09/21/2011 11 ENDORSED LETTER addressed to Judge Victor Marrero from Jay B. Kasner dated 9/16/2011 re: Defendants respectfully request that Judge Kaplan's Order be amended to apply to the UBS action as well. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant. (Signed by Judge Victor Marrero on 9/21/2011) (jfe) (Entered: 09/21/2011) 09/21/2011 12 ORDER: With the consent of Judge Marrero, the order entered in these cases (other than 11 Civ. 5201) (VM)) on 9/16/2011 shall apply also to 11 Civ. 5201 (VM). (Signed by Judge Lewis A. Kaplan on 9/21/2011) (tro) (Entered: 09/21/2011) 10/11/2011 13 ORDER: With the consent of Judge Castel, the orders entered in these cases on September 16, 2011 and September 21,2011, shall apply also to 11 Civ. 6739 (PKC) (Signed by Judge Lewis A. Kaplan on 10/11/2011) (rdz) (Entered: 10/11/2011)

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10/11/2011 15 STIPULATION AND ORDER: It is hereby Stipulated and agreed that defendants' time to move to dismiss, answer or otherwise respond to the amended complaint is extended until 12/2/11. Hugh Corcoran answer due 12/2/2011; Per Dyrvik answer due 12/2/2011; David Martin answer due 12/2/2011; Mortgage Asset Securitization Transactions, Inc. answer due 12/2/2011; Peter Slagowitz answer due 12/2/2011; UBS Americas Inc. answer due 12/2/2011; UBS Real Estate Securities Inc. answer due 12/2/2011; UBS Securities, LLC answer due 12/2/2011. (Signed by Judge Victor Marrero on 10/11/2011) (jfe) (Entered: 10/19/2011) 10/18/2011 14 ORDER :With the consent of Judge Marrero, the order entered in these cases (other than 11 Civ. 7048) (VM) on September 16,2011 shall apply also to 11 Civ. 7048 (VM).SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/18/2011) (ama) (Entered: 10/18/2011) 10/19/2011 16 STATUS REPORT. Pursuant to Court's Orders dated 9/16/2011, et seq. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation.(Selendy, Philippe) (Entered: 10/19/2011) 10/19/2011 17 STATUS REPORT. of Plaintiff FHFA for the Efficient Administration of the Cases Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Selendy, Philippe) (Entered: 10/19/2011) 10/19/2011 18 STATUS REPORT. Pursuant To Court Order, Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC.(Kasner, Jay) (Entered: 10/19/2011) 10/20/2011 19 CERTIFICATE OF SERVICE of Plaintiffs and Defendants Joint Report Pursuant to Paragraph 2 of the Courts September 16, 2011 Order, and Plaintiff FHFAs Proposal for the Efficient Administration of the Cases Pursuant to Paragraph 3 of the Courts September 16, 2011 Order served on Counsel for UBS Americas Inc.; UBS Real Estate Securities Inc.; UBS Securities, LLC; Mortgage Asset Securitization Transactions, Inc.; David Martin; Per Dyrvik; Hugh Corcoran; and Peter Slagowitz on 10-19-2011. Service was made by ECF. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation. (Selendy, Philippe) (Entered: 10/20/2011) 11/16/2011 20 ORDER: It is hereby ORDERED that the time to answer or to move to dismiss the complaint in all actions is stayed, with the exception of the action with docket number 11 Civ. 5201 (the "5201 Action"). The motion to dismiss to be filed in the 5201 Action on December 2, 2011 ("December 2 Motion"), shall address any of the seven grounds identified on pages four and five of the Defendants' Proposal for the Efficient and Convenient Handling of These Cases as potential grounds for common dismissal motions applicable in that action. IT IS FURTHER ORDERED that there will be a conference for all

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parties in all actions on December 2, 2011 at 2:00p.m. At the conference, the Court will discuss with the parties, inter alia, the scheduling of motion practice and discovery in these actions, and a proposed schedule for any amendment of the complaint in the 5201 Action. Under that proposed schedule, any amended complaint in the 5201 Action in response to any argument made in the December 2 Motion shall be due on December 21, with no further opportunity to amend. If no amendment is made in the 5201 Action, then opposition to the December 2 Motion would be due January 6, 2012. Any reply would be due January 27. IT IS FURTHER ORDERED that at the time any reply is served, the moving party shall supply two courtesy copies of all motion papers by mail or hand delivery to the Honorable Denise Cote, United States Courthouse, 500 Pearl Street, New York, NY 10007. ( Status Conference set for 12/2/2011 at 02:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 11/16/2011) (lmb) (Entered: 11/16/2011) 11/16/2011 Set/Reset Deadlines: Motions due by 12/2/2011. (lmb) (Entered: 11/16/2011) 11/18/2011 21 NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Victor Marrero is no longer assigned to the case. (sjo) (Entered: 11/18/2011) 11/18/2011 Magistrate Judge Kevin Nathaniel Fox is so redesignated. (sjo) (Entered: 11/18/2011) 11/18/2011 CASE ACCEPTED AS RELATED. Create association to 1:11-cv-06188- DLC. (sjo) (Entered: 11/18/2011) 11/28/2011 22 ENDORSED LETTER addressed to Judge Denise L. Cote from Jay B. Kasner dated 11/23/2011 re: Counsel respectfully request an enlargement of the page limit to 50 pages for defendants' memorandum of law in support of their motion to dismiss the amended complaint. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Denise L. Cote on 11/28/2011) (jfe) (Entered: 11/28/2011) 11/30/2011 23 Letter addressed to Judge Denise L. Cote from Adam M. Abensohn dated 11/23/2011 re: FHFA respectfully request that the Court deny Defendants' request that the applicable page limit be doubled to 50 pages and instead grant both parties - the UBS Defendants and FHFA - an enlargement to 40 pages for their initial briefs. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(jfe) (Entered: 12/02/2011) 12/02/2011 24 MOTION to Dismiss The Amended Complaint. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC.(Kasner, Jay) (Entered: 12/02/2011) 12/02/2011 25 MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss The Amended Complaint.. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Kasner, Jay) (Entered: 12/02/2011)

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12/02/2011 26 DECLARATION of Jay B. Kasner in Support re: 24 MOTION to Dismiss The Amended Complaint.. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Exhibit 1 Through 11, # 2 Exhibit 12 Through 22, # 3 Exhibit A, # 4 Exhibit B Through P, # 5 Exhibit Q Through W, # 6 Exhibit X Through CC, # 7 Exhibit DD Through TT, # 8 Exhibit UU Through ZZ)(Kasner, Jay) (Entered: 12/02/2011) 12/02/2011 Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 12/2/2011. (mro) (Entered: 12/06/2011) 12/05/2011 27 ORDER: In 11-Civ-5201, plaintiffs shall file any amended complaint by December 21, 2011. If no amended complaint is filed, plaintiffs shall serve any opposition to the motion to dismiss by January 6, 2012. Defendants' reply, if any, shall be served by January 27. In 11-Civ-6188, the defendants shall file any motion to dismiss the plaintiffs' complaint by January 6, 2012. The plaintiffs shall file any amended complaint by January 27, 2012. If no amended complaint is filed, plaintiffs shall serve any opposition to the motion to dismiss by February 3, 2012. Defendants' reply, if any, shall be served by February 17, 2012. The parties in all of the cases in the caption above shall submit by January 10, 2012, a joint report, or if necessary separate reports from plaintiffs and from defendants, on the sequencing of discovery, protective orders/ e-discovery, the sampling of loan files, limits on depositions, and the time frames regarding document production, depositions, and expert discovery. (Signed by Judge Denise L. Cote on 12/5/2011) (jar) (Entered: 12/05/2011) 12/05/2011 Set/Reset Deadlines: Amended Pleadings due by 12/21/2011. (jar) (Entered: 12/05/2011) 12/06/2011 28 NOTICE OF APPEARANCE by Philippe Zuard Selendy on behalf of Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association (Selendy, Philippe) (Entered: 12/06/2011) 12/06/2011 29 NOTICE OF APPEARANCE by Adam Michael Abensohn on behalf of Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association (Abensohn, Adam) (Entered: 12/06/2011) 12/07/2011 30 TRANSCRIPT of Proceedings re: Conference held on 12/2/2011 before Judge Denise L. Cote. Court Reporter/Transcriber: Alena Lynch, (212) 805- 0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2012. Redacted Transcript Deadline set for 1/12/2012. Release of Transcript Restriction set for 3/9/2012.(McGuirk, Kelly) (Entered: 12/07/2011) 12/07/2011 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/2/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to

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Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 12/07/2011) 12/08/2011 32 NOTICE OF APPEARANCE by Jordan Ari Goldstein on behalf of Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association (Goldstein, Jordan) (Entered: 12/08/2011) 12/12/2011 37 Letter addressed to Judge Denise L. Cote from Christine H. Chung dated 12/9/2011 re: Counsel for the plaintiff writes to inform the Court that they respond to the Countrywide Defendant's position once they have reported their position to the Court. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(ft) (Entered: 12/16/2011) 12/13/2011 33 TRANSCRIPT of Proceedings re: Conference held on 12/2/2011 before Judge Denise L. Cote. Court Reporter/Transcriber: Alena Lynch, (212) 805- 0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/6/2012. Redacted Transcript Deadline set for 1/17/2012. Release of Transcript Restriction set for 3/15/2012.(McGuirk, Kelly) (Entered: 12/13/2011) 12/13/2011 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/2/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 12/13/2011) 12/13/2011 35 ENDORSED LETTER addressed to Judge Denise L. Cote from Peter Tsapatsaris dated 12/9/2011 re: As requested by the Court, this letter addresses the issue of relatedness from the perspective of VNB Realty ("VNB"), Plaintiff in the above-referenced action. ENDORSEMENT: The Court will retain this single case filed by plaintiff other than FHFA, regarding the Court's right to seek reassignment of the case at some future date. (Signed by Judge Denise L. Cote on 12/13/2011) (lmb) (Entered: 12/14/2011) 12/16/2011 36 Letter addressed to Judge Denise L. Cote from Penny Shane dated 12/15/2011 re: Defendants request, and Plaintiff does not object to the request, that there be no second "test case" for a motion to dismiss at this time. Instead, the Defendants in the cases that assert fraud claims would file any separate appropriate motions to dismiss with respect to those claims, as well as any other non-duplicative issues, at such time following adjudication of the pending motion to dismiss the complaint in the UBS action (11-cv- 5201) as the Court directs. (jfe) (Entered: 12/16/2011) 12/16/2011 38 ORDER. It is hereby ORDERED that those portions of the December 5 Order that set deadlines for a motion to dismiss and amended complaint in 11-Civ- 6188 are hereby vacated. IT IS FURTHER ORDERED that the time to

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answer or to move to dismiss the complaint in 11-cv-6188 is stayed. (Signed by Judge Denise L. Cote on 12/16/2011) (rjm) (Entered: 12/19/2011) 12/16/2011 39 ORDER: As set forth at the pretrial conference held on December 2, 2011, it is hereby ORDERED that Mr. Philippe Zuard Selendy of Quinn Emanuel Urquhart Oliver & Hedges shall serve as liaison counsel for plaintiffs in the above-captioned actions, and shall ensure that all plaintiffs' attorneys in these actions receive notice of Court Orders. IT IS FURTHER ORDERED that Mr. Jay B. Kasner of Skadden, Arps, Slate, Meagher & Flom LLP shall serve as liaison counsel for defendants in the above-captioned actions, and shall ensure that all defense attorneys in these actions receive notice Court Orders. IT IS FURTHER ORDERED that deliveries requiring immediate attention shall be delivered to Chambers by hand delivery to the Courthouse entrance located on Worth Street. Counsel or courier shall inform the Court Security Officers that the delivery is for immediate pickup and shall call Chambers or request Court Security Officers to call Chambers. (Signed by Judge Denise L. Cote on 12/16/2011) (mro) (Entered: 12/19/2011) 12/19/2011 40 NOTICE OF APPEARANCE by Alexander C Drylewski on behalf of Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC (Drylewski, Alexander) (Entered: 12/19/2011) 12/19/2011 42 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: The law firm of Allen & Overy LLP is substituted in place of the law firm Simpson Thacher & Bartlett LLP as counsel of record for defendant Samuel L. Molinaro, Jr. All pleadings, notices of hearing, and other filings in this matter should be served upon Pamela Rogers Chepiga and Allie Cheatham. SO ORDERED. (Signed by Judge Denise L. Cote on 12/19/2011) (ama) (Entered: 12/21/2011) 12/20/2011 41 NOTICE OF APPEARANCE by Robert Alexander Fumerton on behalf of Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC (Fumerton, Robert) (Entered: 12/20/2011) 12/21/2011 43 SECOND AMENDED COMPLAINT against Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC with JURY DEMAND.Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation.(ft) (ama). (Entered: 12/23/2011) 12/21/2011 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Manisha M. Sheth for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 43 Amended Complaint, to: [email protected]. (ft) (Entered: 12/23/2011) 12/27/2011 44 ORDER: that any Motion to Dismiss the Second Amended Complaint must

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be filed by 1/20/2012. Plaintiffs' opposition must be submitted by 2/10/2012. The defendants' reply, if any. must be submitted by 2/24/2012. At the time any reply is served, the moving party shall supply two courtesy copies of all motion papers by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, NY. (Motions due by 1/20/2012. Responses due by 2/10/2012, Replies due by 2/24/2012.) (Signed by Judge Denise L. Cote on 12/27/2011) (tro) (Entered: 12/27/2011) 01/05/2012 45 ORDER: A December 27, 2011 Order set the schedule for briefing any motion to dismiss the Second Amended Complaint. It is hereby ORDERED that the December 27, 2007 Order is revised as follows: at the time any submission is served, the submitting party shall supply two courtesy copies to the Court by mailing or delivering the copies to the United States Courthouse, 500Pearl Street, New York, New York. SO ORDERED. (Signed by Judge Denise L. Cote on 1/05/2012) (ama) (Entered: 01/05/2012) 01/11/2012 46 JOINT PRELIMINARY TRIAL REPORT. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(Sheth, Manisha) (Entered: 01/11/2012) 01/11/2012 47 STATUS REPORT. By Defendants Regarding Certain Case Management Issues. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Kasner, Jay) (Entered: 01/11/2012) 01/11/2012 48 STATUS REPORT. PLAINTIFF FHFAS PROPOSAL FOR CERTAIN CASE MANAGEMENT ISSUES Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Sheth, Manisha) (Entered: 01/11/2012) 01/11/2012 49 TRANSCRIPT of Proceedings re: Conference held on 12/2/2011 before Judge Denise L. Cote. Court Reporter/Transcriber: Alena Lynch, (212) 805- 0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/6/2012. Redacted Transcript Deadline set for 2/17/2012. Release of Transcript Restriction set for 4/13/2012.(McGuirk, Kelly) (Entered: 01/11/2012) 01/11/2012 50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/2/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/11/2012) 01/20/2012 51 MOTION to Dismiss The Second Amended Complaint. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC.(Kasner, Jay) (Entered: 01/20/2012)

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01/20/2012 52 MEMORANDUM OF LAW in Support re: 51 MOTION to Dismiss The Second Amended Complaint.. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Kasner, Jay) (Entered: 01/20/2012) 01/20/2012 53 DECLARATION of Jay B. Kasner in Support re: 51 MOTION to Dismiss The Second Amended Complaint.. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Exhibit 1 Through 11, # 2 Exhibit 12 Through 22, # 3 Exhibit A, # 4 Exhibit B Through E, # 5 Exhibit F Through T, # 6 Exhibit U Through FF, # 7 Exhibit GG Through MM, # 8 Exhibit NN Through YY, # 9 Exhibit ZZ Through CCC, # 10 Exhibit DDD Through EEE)(Kasner, Jay) (Entered: 01/20/2012) 02/06/2012 54 STIPULATION REGARDING ELECTRONIC DISCOVERY: that the following specifications shall govern electronic discovery in each of the above captioned actions, pursuant to the provisions of FRCP 34 permitting parties to specify the form or forms in which electronically stored information is to be produced, and as further set forth in this document. (Signed by Judge Denise L. Cote on 2/6/2012) (cd) (Entered: 02/06/2012) 02/06/2012 55 ORDER: Within seven days of the Court's ruling on the motion to dismiss in Federal Housing Finance Agency v. UBS Americas, Inc., et al., 10 Civ. 5201, any defendant who believes that a continuation of the discovery stay is appropriate in its particular case shall submit a letter-brief of no more than five pages setting forth the reasons for which the stay should be continued. In each case in which such a letter-brief is filed, the stay shall be continued until the Court has acted on the application. IT IS FURTHER ORDERED that the plaintiff's application for permission to serve initial document requests is granted. The deadline for responding to these requests will be discussed at any Rule 26(f) conference that may follow a decision on the motion to dismiss. IT IS FURTHER ORDERED that the plaintiff's application for an order directing the parties to exchange proposed custodian and search term lists during the pendency of the discovery stay is denied. IT IS FURTHER ORDERED that in the event the parties do not agree on a protocol for the sampling of loan files, the plaintiff shall submit its proposed protocol by February 20, 2012, and the defendants shall submit their proposed protocol by February 24, 2012. (Signed by Judge Denise L. Cote on 2/6/2012) (ft) (Entered: 02/06/2012) 02/09/2012 56 NOTICE OF APPEARANCE by Kathleen M. Sullivan on behalf of Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association (Sullivan, Kathleen) (Entered: 02/09/2012) 02/10/2012 57 MEMORANDUM OF LAW in Opposition re: 51 MOTION to Dismiss The Second Amended Complaint.. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: # 1 Affidavit Declaration of Jordan A. Goldstein, # 2 Exhibit Exhibit A)(Selendy, Philippe) (Entered: 02/10/2012)

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02/16/2012 58 ENDORSED LETTER addressed to Judge Denise L. Cote from Phillippe Z. Selendy dated 2/15/12 re: Counsel for the Plaintiff Federal Housing Finance Agency (FHFA) requests a brief adjournment to 2/29/12 to permit it to work with its sampling expert to develop a meaningful proposal. Defendants informed FHFA that they consent to this request provided that Defendants be afforded until 3/14/12 to make their submission to the Court, to which FHFA agreed. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/16/2012) (mro) (Entered: 02/17/2012) 02/24/2012 59 REPLY MEMORANDUM OF LAW in Support re: 51 MOTION to Dismiss The Second Amended Complaint.. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Kasner, Jay) (Entered: 02/24/2012) 02/24/2012 60 DECLARATION of Jay B. Kasner in Support re: 51 MOTION to Dismiss The Second Amended Complaint.. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, 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 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19)(Kasner, Jay) (Entered: 02/24/2012) 02/27/2012 61 ENDORSED LETTER addressed to Judge Denise L. Cote from Jay B. Kasner dated 2/21/2012 re: Counsel for the Defendants writes to request permission to file a 20-page reply brief in further support of defendants' Motion to Dismiss. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 2/27/2012) (ab) (Main Document 61 replaced on 2/27/2012) (ab). (Entered: 02/27/2012) 02/29/2012 62 STATUS REPORT. Plaintiff FHFA's Proposed Sampling Protocol Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(Selendy, Philippe) (Entered: 02/29/2012) 03/14/2012 63 RESPONSE re: 62 Status Report. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kasner, Jay) (Entered: 03/14/2012) 04/26/2012 64 STATUS REPORT. PLAINTIFFS PROPOSAL REGARDING THE STIPULATED PROTECTIVE ORDER TO BE ENTERED IN THE ACTIONS Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Selendy, Philippe) (Entered: 04/26/2012) 04/26/2012 65 NOTICE of Of Defendants' Separate Submission Regarding The Parties' Proposed Protective Orders. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter

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Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Kasner, Jay) (Entered: 04/26/2012) 05/04/2012 66 OPINION & ORDER re: #101770 51 MOTION to Dismiss The Second Amended Complaint filed by Peter Slagowitz, David Martin, UBS Securities, LLC, Mortgage Asset Securitization Transactions, Inc., Hugh Corcoran, UBS Real Estate Securities Inc., Per Dyrvik, UBS Americas Inc. Defendants' January 20 motion to dismiss is denied as to FHFA's securities law claims and granted as to the negligent misrepresentation claims. (Signed by Judge Denise L. Cote on 5/4/2012) (tro) Modified on 5/10/2012 (jab). (Entered: 05/04/2012) 05/04/2012 67 ORDER: that if defendants wish the Court to address this issue, by May 11, 2012, they must submit a brief of no more than five pages properly setting out the argument in favor of dismissal. Plaintiff's opposition of no more than five pages must be submitted by May 18, 2012. Any reply, limited to no more than three pages, shall be submitted by May 23, 2012. IT IS FURTHER ORDERED that at the time any submission is served, the submitting party shall supply two courtesy copies to the Court by mailing or delivering the copies to the United States Courthouse/ 500 Pearl Street, New York, New York. ( Brief due by 5/11/2012., Responses due by 5/18/2012, Replies due by 5/23/2012.) (Signed by Judge Denise L. Cote on 5/4/2012) (pl) (Entered: 05/04/2012) 05/07/2012 68 ORDER: In an Opinion and Order of May 4, 2012, the Court granted in part the UBS defendants' January 20 motion to dismiss the Second Amended Complaint in case number 11 Civ. 5201 (DLC). It is hereby ORDERED that there will be a conference for all parties in all actions on May 14, 2012 at 3:00p.m. ( Status Conference set for 5/14/2012 at 03:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/7/2012) (pl) (Entered: 05/07/2012) 05/08/2012 69 ORDER: that defendants in each of the above captioned cases shall promptly provide the plaintiff with the final closing loan tapes provided to Trustees and loan-level originator information for each of the securitizations at issue. IT IS FURTHER ORDERED that at the May 14 conference, defense counsel in case number 11 Civ. 5201 (DLC) should be prepared to outline what sampling protocol, if any, UBS Securities or its agents used in conducting a due-diligence review of the loans included in the securitizations for which it served as underwriter. (Signed by Judge Denise L. Cote on 5/8/2012) (tro) (Entered: 05/08/2012) 05/10/2012 70 Letter addressed to Judge Denise L Cote from Jay B Kasner dated 5/9/2012 re: The UBS Defendants will undertake to respond to the Court's Order regarding the various due diligence processes which date back more than seven years and involve over 20 deals. Document filed by UBS Americas Inc et al.(cd) (Entered: 05/10/2012) 05/11/2012 71 Letter addressed to Judge Denise L. Cote from Christine H. Chung dated 5/10/2012 re: Defendants' loan sampling procedures, with respect to loan pools at issue in these cases is relevant to their own objection to offering any

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methodology at present. The information Defendants seek from FHFA, by contrast, is not, and thus FHF A respectfully requests that Defendants' request to expand the terms of the Court's Order be denied. (rdz) (Entered: 05/11/2012) 05/11/2012 72 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 51 MOTION to Dismiss The Second Amended Complaint. Pursuant to the Court's Order dated May 4, 2012. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Kasner, Jay) (Entered: 05/11/2012) 05/14/2012 73 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 5/11/2012 re: counsel for Plaintiff writes this letter to confirm that the Federal Housing Finance Agency, as Conservator for Fannie Mae and Freddie Mac, does not presently intend to file any additional complaint in this District arising from private-label securities.. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(pl) (Entered: 05/14/2012) 05/14/2012 74 ORDER: that, with respect to these cases only, communications with Chambers by letter shall not exceed two pages in length and shall be e-mailed as a pdf attachment to the following address: CoteNYSDChambersnysd.uscourts.gov. A copy shall simultaneously be delivered to all counsel. Thesubject line of the e-mail shall include only the lead party names and docket number. Example: FHFA -v- UBS 11 cv 5201 (DLC). No text should be included in the body of the e-mail. Copies of correspondence between counsel shall not be sent to the Court, and as further set forth in this document. (Signed by Judge Denise L. Cote on 5/14/2012) (cd) (Entered: 05/15/2012) 05/14/2012 Minute Entry for proceedings held before Judge Denise L. Cote: Scheduling Conference held on 5/14/2012. (Court Reporter Linda Fisher) (Landers, Rigoberto) (Entered: 06/01/2012) 05/15/2012 75 ORDER: that the defendants in 11 cv 5201 shall answer by 6/22/2012, see document for other deadlines and information. The finalized protective order shall be presented for approval of the Court by 5/25/2012. EACH CASE WILL BE SEPARATELY TRIED. The first tranche will include one case: 5201. The remaining cases will be divided among the three remaining tranches. Any summary judgment motion in 5201 will be fully submitted by May 17, 2013; its pretrial order will be due August 2, 2013. 5201 will be tried during the Fall of 2013. The pretrial orders for the remaining tranches will be filed December 6, 2013; May 2, 2014; and August 1, 2014. At a conference on either 6/13 or 14, a schedule for this litigation will be adopted. Accordingly, by 6/6/2012, the parties shall e-mail submissions tot he Court not exceeding 10 pages that contain their proposals for the scheduling and conduct of discovery in and trial of the 16 cases, and as further set forth in this document. (Signed by Judge Denise L. Cote on 5/15/2012) (cd) (Entered: 05/15/2012) 05/15/2012 Set/Reset Deadlines: Hugh Corcoran answer due 6/22/2012; Per Dyrvik

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answer due 6/22/2012; David Martin answer due 6/22/2012; Mortgage Asset Securitization Transactions, Inc. answer due 6/22/2012; Peter Slagowitz answer due 6/22/2012; UBS Americas Inc. answer due 6/22/2012; UBS Real Estate Securities Inc. answer due 6/22/2012; UBS Securities, LLC answer due 6/22/2012. Motions for summary judgment due by 5/17/2013. Pretrial Order due by 8/2/2013. (cd) (Entered: 05/15/2012) 05/17/2012 76 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/14/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Linda Fisher, (212) 805- 0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/11/2012. Redacted Transcript Deadline set for 6/21/2012. Release of Transcript Restriction set for 8/20/2012.(McGuirk, Kelly) (Entered: 05/17/2012) 05/17/2012 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/14/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/17/2012) 05/18/2012 78 STATUS REPORT. PLAINTIFFS PROPOSED SCHEDULE TO AMEND COMPLAINTS Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(Selendy, Philippe) (Entered: 05/18/2012) 05/18/2012 79 MEMORANDUM OF LAW in Opposition re: 51 MOTION to Dismiss The Second Amended Complaint. PLAINTIFFS OPPOSITION TO DEFENDANTS SUPPLEMENTAL MEMORANDUM TO DISMISS THE SECOND AMENDED COMPLAINT. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Selendy, Philippe) (Entered: 05/18/2012) 05/22/2012 80 TRANSCRIPT of Proceedings re: corrected transcript conference held on 5/14/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/15/2012. Redacted Transcript Deadline set for 6/25/2012. Release of Transcript Restriction set for 8/23/2012.(McGuirk, Kelly) (Entered: 05/22/2012) 05/22/2012 81 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED TRANSCRIPT CONFERENCE proceeding held on 5/14/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk,

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Kelly) (Entered: 05/22/2012) 05/23/2012 82 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 51 MOTION to Dismiss The Second Amended Complaint.. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Kasner, Jay) (Entered: 05/23/2012) 05/23/2012 83 MOTION for Certificate of Appealability. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC.(Kasner, Jay) (Entered: 05/23/2012) 05/23/2012 84 MEMORANDUM OF LAW in Support re: 83 MOTION for Certificate of Appealability.. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Kasner, Jay) (Entered: 05/23/2012) 05/23/2012 85 DECLARATION of Jay B. Kasner in Support re: 83 MOTION for Certificate of Appealability.. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Kasner, Jay) (Entered: 05/23/2012) 05/24/2012 86 STATUS REPORT. -- Defendants' Request For Clarification Regarding The Court's Prior Rulings As To The Protective Order, Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kasner, Jay) (Entered: 05/24/2012) 05/24/2012 87 STATUS REPORT. PLAINTIFFS SUBMISSION REGARDING THE PROPOSED PROTECTIVE ORDER TO BE ENTERED IN THE ACTIONS Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Selendy, Philippe) (Entered: 05/24/2012) 05/25/2012 88 ORDER. It is hereby ORDERED that plaintiff's opposition must be submitted by June 5, 2012. The defendants' reply, if any, must be submitted by June 8, 2012. IT IS FURTHER ORDERED that at the time any submission is served, the submitting party shall supply two courtesy copies to the Court by mailing or delivering the copies to the United States Courthouse, 500 Pearl Street, New York, New York. (Responses due by 6/5/2012. Replies due by 6/8/2012.) (Signed by Judge Sidney H. Stein on 5/25/2012) (rjm) (Entered: 05/25/2012) 05/25/2012 89 ORDER. It is hereby Ordered that Highly Confidential Material may be disclosed to an unlimited number of FHFA employees within one of the five FHFA divisions identified in the plaintiff's proposed protective order, provided that disclosure to such individuals is necessary for the prosecution of one or more of these actions, and as further set forth. (Signed by Judge

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Sidney H. Stein on 5/25/2012) (rjm) (Entered: 05/25/2012) 05/25/2012 90 ORDER: The plaintiff's proposed schedule is adopted. Amended pleading shall be filed in the following cases by June 13, 2012: 11 Civ. 6188 (DLC), 11 Civ. 6192 (DLC), 11 Civ. 6198 (DLC), 11 Civ. 6202 (DLC), 11 Civ. 6739 (DLC), 11 Civ. 7010 (DLC). By June 28, 2012, plaintiff shall file amended pleadings in the remaining cases: 11 Civ. 6189 (DLC), 11 Civ. 6190 (DLC), 11 Civ. 6193 (DLC), 11 Civ. 6195 (DLC), 11 Civ. 6196 (DLC), 11Civ. 6200 (DLC) 11 Civ. 6201 (DLC), 11 Civ. 6203 (DLC), 11 Civ.7048 (DLC). A conference for all parties in all actions on June 13, 2012 at 3:00 p.m. in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. (Status Conference set for 6/13/2012 at 03:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Sidney H. Stein on 5/25/2012) (jar) (Entered: 05/25/2012) 05/30/2012 91 NOTICE OF APPEARANCE by Thomas Jerome Nolan on behalf of Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC (Nolan, Thomas) (Entered: 05/30/2012) 05/30/2012 92 STIPULATED PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Denise L. Cote on 5/30/2012) (ama) (Entered: 05/30/2012) 06/05/2012 93 MEMORANDUM OF LAW in Opposition re: 83 MOTION for Certificate of Appealability.. Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Selendy, Philippe) (Entered: 06/05/2012) 06/07/2012 94 STATUS REPORT. Joint Rule 26(f) Report Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association.(Selendy, Philippe) (Entered: 06/07/2012) 06/07/2012 95 STATUS REPORT. Rule 26(f) Report Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: # 1 Exhibit 1)(Selendy, Philippe) (Entered: 06/07/2012) 06/07/2012 96 STATUS REPORT. Supplemental Submission in Support of its Proposed Sampling Protocol Document filed by Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Selendy, Philippe) (Entered: 06/07/2012) 06/07/2012 97 STATUS REPORT. Joint Rule 26(f) Report Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kasner, Jay) (Entered: 06/07/2012) 06/07/2012 98 STATUS REPORT. Certain Defendants' Proposals for Case Management Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc.,

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UBS Real Estate Securities Inc., UBS Securities, LLC.(Kasner, Jay) (Entered: 06/07/2012) 06/07/2012 99 STATUS REPORT. Defendants' Submission Regarding Sampling Protocols Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Exhibit 1 to Defendants' Submission Regarding Sampling Protocols)(Kasner, Jay) (Entered: 06/07/2012) 06/07/2012 100 DECLARATION of Arnold Barnett in Support re: 99 Status Report,. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Exhibit 1a - 1h, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4 - 4a)(Kasner, Jay) (Entered: 06/07/2012) 06/07/2012 101 DECLARATION of Christopher M. James in Support re: 99 Status Report,. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Exhibit 1, # 5 Exhibit 2) (Kasner, Jay) (Entered: 06/07/2012) 06/08/2012 102 REPLY MEMORANDUM OF LAW in Support re: 83 MOTION for Certificate of Appealability.. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Kasner, Jay) (Entered: 06/08/2012) 06/08/2012 103 DECLARATION of Jay B. Kasner in Support re: 83 MOTION for Certificate of Appealability.. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Exhibit A)(Kasner, Jay) (Entered: 06/08/2012) 06/12/2012 104 STATUS REPORT. -- Defendants' Supplemental Submission Regarding Certain Developments Bearing On The June 6, 2012 Rule 26(f) Joint Report. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Exhibit A)(Kasner, Jay) (Entered: 06/12/2012) 06/13/2012 Minute Entry for proceedings held before Judge Denise L. Cote: Status Conference held on 6/13/2012. (Court Reporters Linda Fisher and Toni Stanley) (gr) (Entered: 07/12/2012) 06/14/2012 105 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge James C. Francis. Please note that this is a reassignment of the designation only. (pgu) (Entered: 06/14/2012) 06/14/2012 106 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case

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be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis. (Signed by Judge Denise L. Cote on 6/14/2012) (pl) (Entered: 06/14/2012) 06/14/2012 108 SCHEDULING ORDER: Plaintiff was required to have filed amended pleadings in the "Fraud Claim Casesn: 11 Civ. 6188 (DLC), 11 Civ. 6192 (DLC), 11 Civ. 6198 (DLC}, 11 Civ. 6202 (DLC), 11 Civ. 6739 (DLC), 11 Civ. 7010 (DLC. Deadline to amend the pleadings in the "Non-Fraud Claim Cases": 11 Civ. 6189 (DLC), 11 Civ. 6190 (DLC), 11 Civ. 6193 (DLC), 11 Civ. 6195 (DLC), 11 Civ. 6196 (DLC), 11 Civ. 6200 (DLC), 11 Civ. 6201 (DLC), 11 Civ. 6203 (DLC), 11 Civ. 7048 (DLC). Any motion to dismiss in Fraud Claim Cases due by 7/13/12. Opposition due by 9/7/12. Any reply due by 9/28/12. Any motion to dismiss in Non-Fraud Claim Cases due by 8/17/2012. Opposition due by 10/5/12. Any reply due by 10/26/12. Document production in all cases must be substantially complete by 9/30/12. There will be a status conference for all parties in all actions at 10:30 a.m. in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York on 11/9/12. Depositions begin in all cases by 1/2/13. All fact and expert discovery must be completed by 6/14/13. Deadline to file any summary judgment motion in UBS by 7/12/13. Opposition due by 8/9/13. Any reply due by 8/30/13. All fact and expert must be completed by 12/6/13. The Joint Pretrial Order must be filed in UBS by 12/6/13 in the manner that is set forth in this Order. Opposition to any motion in limine due by 12/13/13. Any reply due by 12/20/13. The trial in UBS will begin at 9:30 a.m. on 1/13/14. Deadline to file any summary judgment motion in cases other than UBS by 1/24/14. Opposition due by 3/21/14. Any reply due by 4/11/14. Joint Pretrial Orders must be filed in Tranche 2 cases: 11 Civ. 6188 ("Chase") and 11 Civ. 6202 ("Merrill") by 5/2/14. Opposition to any motion in limine due by 5/9/14. Any reply due by 5/16/14. Trials will begin in Chase and Merrill on 6/2/14. In the event Chase settles before trial, a Tranche 3 case will also go to trial on 6/2/14 or shortly thereafter. Joint Pretrial Orders must be filed in Tranche 3 cases: 11 Civ. 6192 ("Deutsche Bank"); 11 Civ. 6198 (""); and 11 Civ. 6200 ("Credit Suisse") by 8/1/14. Opposition to any motion in limine due by 8/15/14. Any reply due by 8/22/14. Trials will begin in Deutsche Bank, Goldman Sachs and Credit Suisse by 9/29/14. Tranche 4 trials begin on 1/2015. Tranche 4 will contain all remaining cases that have not settled. Additional relief as set forth in this Order. (Signed by Judge Denise L. Cote on 6/14/2012) (pl) Modified on 6/15/2012 (pl). (Entered: 06/15/2012) 06/15/2012 107 NOTICE OF APPEARANCE by David Bernard Schwartz on behalf of Federal Housing Finance Agency as Conservator for the Federal National Mortgage Association (Schwartz, David) (Entered: 06/15/2012) 06/19/2012 109 OPINION AND ORDER re: #101964 83 MOTION for Certificate of Appealability filed by Peter Slagowitz, David Martin, UBS Securities, LLC, Mortgage Asset Securitization Transactions, Inc., Hugh Corcoran, UBS Real Estate Securities Inc., Per Dyrvik, UBS Americas Inc. Defendants' May 23 motion for certification of an interlocutory appeal of the May 4 Opinion is granted. (Signed by Judge Denise L. Cote on 6/19/2012) (jar) Modified on 6/20/2012 (jab). (Entered: 06/19/2012)

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06/22/2012 110 ENDORSED LETTER addressed to Judge Denise L. Cote, from all counsel listed herein, dated 6/21/2012, re: request a seven-day adjournment, from June 25, 2012 to July 2, 2012 of the date by which the parties must report any agreement or remaining disagreements to the Court. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/22/2012) (ja) (Entered: 06/22/2012) 06/22/2012 111 ENDORSED LETTER addressed to Judge Denise L. Cote from Philippe Z. Selendy, Jay Kasner, Manisha Sheth, Adam Absensohn, Christine Chung and Michael Hanin dated 6/21/2012 re: Counsel writes on behalf of all parties to the above-captioned actions to update the Court on the parties' discussions regarding electronic discovery and to respectfully request a seven-day adjournment, from June 25, 2012 to July 2, 2012, of the date by which the parties must report any agreement or remaining disagreements to the Court. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/22/2012) (jfe) (Entered: 06/22/2012) 06/22/2012 112 ANSWER to 43 Amended Complaint,. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC.(Kasner, Jay) (Entered: 06/22/2012) 06/26/2012 113 OPINION AND ORDER: #102011 The portion of the January 20 Motion seeking to dismiss plaintiff's claims with regard to the seven issuances identified in note 1, supra, is denied. (Signed by Judge Denise L. Cote on 6/26/2012) (ft) Modified on 7/2/2012 (jab). (Entered: 06/26/2012) 07/09/2012 114 ORDER: It is hereby ORDERED that the reference is withdrawn as to the debtors' application to stay or enjoin litigation by FHFA only. IT IS FURTHER ORDERED that by July 10, 2012, the parties shall file their briefs regarding the debtors' May 25 Motion under the district court docket number, 12 Civ. 5116 (DLC), and debtors shall deliver two courtesy copies of all motion papers by mail or hand delivery to the Honorable Denise Cote, United States Courthouse, 500 Pearl Street, New York, NY 10007. IT IS FURTHER ORDERED that there shall be a conference with the parties in case number 12 Civ. 5116 (DLC) at 3:00 PM on July 17, 2012, in Courtroom 15B of the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 7/9/2012) (lmb) Modified on 7/9/2012 (lmb). (Entered: 07/09/2012) 07/10/2012 115 ORDER: The parties have submitted letters regarding the production of loan tapes and related information in FHFA v. Ally Financial, 11 Civ. 7010 (DLC). It is hereby ORDERED that there will be a telephone conference to discuss the production of these materials today, July 10, 2012, at 4:30PM. Counsel wishing to participate in the call should contact counsel for the plaintiff. ( Telephone Conference set for 7/10/2012 at 04:30 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/10/2012) (mro) (Entered: 07/10/2012) 07/10/2012 116 ORDER: the telephone conference previously scheduled for today is rescheduled for tomorrow, July 11 at 11:00 AM. ( Telephone Conference set for 7/11/2012 at 11:00 AM before Judge Denise L. Cote.) (Signed by Judge

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Denise L. Cote on 7/10/2012) (laq) (Entered: 07/10/2012) 07/10/2012 117 ENDORSED LETTER addressed to Judge Denise L Cote from Edward J Bennett dated 7/9/2012 re: Request to file oversized briefs re motions to dismiss. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 7/10/2012) (cd) (Entered: 07/11/2012) 07/10/2012 121 STIPULATION AND ORDER REGARDING SUBPOENA COMPLIANCE Upon full compliance with the production of documents outlined herein, Subpoena FRE-011 and FNM-Ol2 will be deemed satisfied and resolved, and Petitioner will move this Court for dismissal with prejudice of this miscelaneous action, each party to bear its own costs. SO ORDERED. (Signed by Judge Denise L. Cote on 7/10/2012) (ama) (Entered: 07/16/2012) 07/11/2012 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 7/11/2012. (Court Reporter Kris Sellin) (gr) (Entered: 07/17/2012) 07/12/2012 118 ORDER: ORDERED that FHFA is directed to make its application for access to the tapes and originator information in the first instance to the Bankruptcy Court. IT IS FURTHER ORDERED that Ally shall fully cooperate with FHFA in this application. SO ORDERED. (Signed by Judge Denise L. Cote on 7/11/2012) (ama) (Entered: 07/12/2012) 07/13/2012 119 TRANSCRIPT of Proceedings re: HEARING held on 6/13/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/6/2012. Redacted Transcript Deadline set for 8/16/2012. Release of Transcript Restriction set for 10/15/2012.(McGuirk, Kelly) (Entered: 07/13/2012) 07/13/2012 120 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 6/13/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/13/2012) 07/17/2012 122 ORDER. For the reasons stated on the record during a conference with the parties on July 17, 2012, it is hereby ORDERED that the motion pursuant to 11 U.S.C. § 105 to enjoin the defendant from pursuing litigation against ResCap's non-debtor corporate affiliates, including Ally Financial, Ally Securities and GMACM Group (the "Ally Defendants") is denied. The Clerk of Court is directed to close this case. (Signed by Judge Denise L. Cote on 7/17/2012) (rjm) (Entered: 07/18/2012) 07/18/2012 123 Letter addressed to Judge Denise L. Cote from Jay B. Kasner dated 7/2/2012 re: As reflected in the joint letter submitted today on behalf of the parties, there are unresolved issues regarding electronic discovery. Although the parties have not yet reached an impasse on each of these issues, we write on

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behalf of Defendants to inform the Court of a currently unresolved dispute concerning Plaintiff's list of custodians (the "Custodian List") whose files it proposes to search for electronically stored information ("ESI") responsive to Defendants' document requests. (rjm) (Entered: 07/18/2012) 07/18/2012 124 Letter addressed to Judge Denise L. Cote from Christine H. Chung and Jay B. Kasner dated 7/2/2012 re: On behalf of all parties to the above-referenced Actions, we write pursuant to this Court's Pretrial Scheduling Order of June 14, 2012, as amended by this Court's letter endorsement of June 22, 2012. (rjm) (Entered: 07/18/2012) 07/18/2012 125 Letter addressed to Judge Denise L. Cote from Christine H. Chung dated 7/3/2012 re: Because Defendants agree that no matter is ripe for adjudication, or even argument, FHFA will not further respond to Defendants' letter at this time, unless that is the Court's preference. Instead, FHFA will continue to work in good faith to resolve any outstanding issues regarding ediscovery and to exchange information with the Defendants that bears on that effort. (rjm) (Entered: 07/18/2012) 07/18/2012 126 STIPULATION REGARDING ELECTRONIC SERVICE. IT IS HEREBY AGREED, by and between Plaintiff the Federal Housing Finance Agency, as Conservator for the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation ("Plaintiff"), and each defendant in the above-captioned actions ("Defendants"), through their undersigned counsel, to effectuate service in a more expeditious and efficient manner, and as further provisions set forth in this order. (Signed by Judge Denise L. Cote on 7/18/2012) (rjm) (Entered: 07/18/2012) 07/19/2012 127 Letter addressed to Judge Denise L. Cote from Jay B. Kasner dated 7/17/2012 re: On behalf of all defendants in the above-referenced actions (the "Defendants"), and pursuant to Local Civil Rule 37.2 and Section 2(C) of this Court's Individual Practices, we write to request an informal conference concerning a discovery dispute that has arisen between the parties, described herein. The parties have met-and-conferred in an attempt to resolve this dispute, but such efforts have been unsuccessful. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC.(djc) Modified on 7/20/2012 (djc). (Entered: 07/19/2012) 07/19/2012 128 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 7/18/2012 re: We write in response to Defendants July 17, 2012 letter requesting a conference to address Defendants claim that they are entitled to obtain all reports, results, and documents generated during the Forensic Reviews and loan-level analyses that FHFA commissioned in the course of drafting its complaints. Document filed by Federal Housing Finance Agency. (djc) (Entered: 07/19/2012) 07/19/2012 129 ORDERED that the Court will hold a telephone conference to discuss these matters today, July 19, at 4:00 PM. Parties wishing to participate in the call should contact liaison counsel for the plaintiff or the defendants. (Telephone Conference set for 7/19/2012 at 04:00 PM before Judge Denise L. Cote.)

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(Signed by Judge Denise L. Cote on 7/19/2012) (djc) (Entered: 07/19/2012) 07/19/2012 130 MOTION for Jon D. Corey to Appear Pro Hac Vice. Document filed by Federal Housing Finance Agency.(pgu) (Entered: 07/19/2012) 07/19/2012 131 MEMOR ENDORSEMENT ON MOTION FOR ADMISSION PRO HAC VICE granting 130 Motion for Jon Corey to Appear Pro Hac Vice. (Signed by Judge Denise L. Cote on 7/19/2012) (djc) (Entered: 07/19/2012) 07/19/2012 132 Letter addressed to Judge Denise L. Cote from Richard A. Schirtzer and Jay B. Kasner dated 7/18/2012 re: On behalf of all parties to the above-referenced Actions, and pursuant to Local Civil Rule 37.2 and Section 2(C) of this Court's Individual Practices, we write to (i) update the Court on a dispute the parties have over the proper scope of a Fed. R. Civ. P. 30(b)(6) deposition of Plaintiff that was noticed by Defendants on June 28, 2012, and (ii) respectfully request that the Court enter an agreed-upon briefing schedule for Plaintiff's anticipated Motion for a Protective Order on this subject. (rjm) Modified on 7/20/2012 (rjm). (Entered: 07/20/2012) 07/23/2012 CASHIERS OFFICE REMARK on 130 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/19/2012, Receipt Number 1044122. (jd) (Entered: 07/23/2012) 07/23/2012 133 ORDER: the Court will hold a telephone conference to address this issue at 3:00PM on July 24, 2012. Defendants in other FHFA cases wishing to participate in the call should contact counsel for JPMorgan Chase. ( Telephone Conference set for 7/24/2012 at 03:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/23/2012) (laq) (Entered: 07/23/2012) 07/24/2012 134 Letter addressed to Judge Denise L. Cote from Penny Shane dated 7/20/2012 re: Counsel requests an informal conference with the Court concerning JPMC's proposed use of technology-assisted review to expedite and otherwise improve the review and production of the enormous quantity of electronic documents that are potentially responsive to Plaintiff FHFA's First and Second Requests for the Production of Documents (the "Document Requests"). (jfe) (Entered: 07/24/2012) 07/24/2012 135 Letter addressed to Judge Denise L. Cote from Manisha M. Sheth dated 7/23/2012 re: Counsel write to respond to the July 20, 2012 letter from JPMorgan Chase and its affiliated entity defendants ("JPMC") regarding its request for an order authorizing predictive coding (the "July 20 Letter"). (jfe) (Entered: 07/24/2012) 07/24/2012 136 ORDER: ORDERED that a conference will be held to address these and any other outstanding discovery issues on July 31, 2012 at 3:00 PM in Courtroom 15B, United States Courthouse, 500 Pearl Street, New York, New York. ( Status Conference set for 7/31/2012 at 03:00 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/24/2012) (ama) (Entered: 07/24/2012) 07/24/2012 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 7/24/2012. (Court Reporter Khris Sellin) (gr) (Entered:

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07/25/2012) 07/24/2012 Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 7/24/2012. (Court Reporter Khris Sellin) (gr) (Entered: 07/25/2012) 07/26/2012 137 TRANSCRIPT of Proceedings re: CONFERNCE held on 7/11/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Martha Drevis, (212) 805- 0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2012. Redacted Transcript Deadline set for 8/30/2012. Release of Transcript Restriction set for 10/29/2012.(McGuirk, Kelly) (Entered: 07/26/2012) 07/26/2012 138 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 7/11/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/26/2012) 07/30/2012 139 Letter addressed to Judge Denise L. Cote from Marc E. Kasowitz dated 7/30/12 re: Counsel for the plaintiff seeks the Court's assistance in resolving certain discovery disputes between FHFA and defendants Ally Financial Inc. and GMAC Mortgage Group, Inc. Document filed by Federal Housing Finance Agency.(mro) (Main Document 139 replaced on 7/30/2012) (tro). (Entered: 07/30/2012) 07/30/2012 ***DELETED DOCUMENT. Deleted document number 140 letter. The document was incorrectly filed in this case. (js) (Entered: 08/03/2012) 07/30/2012 140 Letter addressed to Judge Denise L. Cote from Reginald R. Goeke dated 7/30/2012 re: Counsel for defendants write to respond to plaintiff Federal Housing Finance Agencys letter to you dated today, and to apprise the Court of additional facts not referenced in that letter. Although the broad scope of the notice was unexpected, AFI and GMACM Group have been working assiduously to identify and interview persons with knowledge about these topics and to prepare a witness to testify on them. It should be noted that the time between Plaintiffs service of the notice and AFIs/GMACM Groups response was no longer, and in fact was shorter, than the time it took Plaintiff to respond to defendants joint Rule 30(b)(6) notice. The parties continue to work out their differences regarding Plaintiffs Rule 30(b)(6) notice through the meet-and-confer process. AFI and GMACM Group plan to proceed with the deposition on August 9, 2012. (entered as per Chambers)(js) (Main Document 140 replaced on 8/6/2012) (laq). (Entered: 08/06/2012) 07/31/2012 Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Hearing held on 7/31/2012. (Court Reporters Sonia Huggins and Tom Murray) (gr) (Entered: 08/02/2012) 08/06/2012 141 DECLARATION of JAY B. KASNER (in support of Defendants' Request

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that the court order FHFA to produce all relevant loan files in its possession, custody or control) in Support. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Kasner, Jay) (Entered: 08/06/2012) 08/06/2012 142 ENDORSED LETTER addressed to Judge Denise L. Cote from Jay B. Kasner dated 8/6/2012 re: In light of Plaintiff's repeated failures to produce all relevant loan files in this action, along with its inability to offer a cogent and credible explanation for such failures, Defendants respectfully request that the Court order Plaintiff to produce no later than August 8, 2012 all remaining UBS loan files in its possession, custody or control. ENDORSEMENT: Counsel shall meet and confer regarding the FHFA's schedule for production of the 570 or so loan files and advise the Court by August 7 if any unresolved dispute remains. (Signed by Judge Denise L. Cote on 8/6/2012) (lmb) (Entered: 08/06/2012) 08/06/2012 143 TRANSCRIPT of Proceedings re: CONFERNCE held on 7/24/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012.(McGuirk, Kelly) (Entered: 08/06/2012) 08/06/2012 144 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 7/24/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/06/2012) 08/07/2012 145 Letter addressed to Judge Denise L. Cote from Jay B. Kasner dated 8/7/2012 re: Following receipt of the Court's memo endorsement dated August 6, 2012 directing the parties to conduct a further meet and confer, Plaintiff has now advised that it will make all such loan files available to Defendants by the end of the day on Wednesday, August 8, 2012. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC.(pl) (Entered: 08/07/2012) 08/07/2012 146 PLAINTIFF'S JULY 30, 2012 SUBMISSION TO THE COURT REGARDING DEFENDANTS' CUSTODIAN REQUESTS: We write in response to Defendants demands for overly broad and irrelevant discovery untethered to the materials used by the GSE personnel actually responsible for entering into the transactions at issue. FHFA is producing all responsive, non-privileged documents to the extent they reflect the GSEs knowledge of facts regarding the specific Securitizations at issue, or relate to the purchase or evaluation of such Securitizations, and has designated every custodian who

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would likely have such documents. The Court should therefore reject Defendants overreaching demands. Document filed by Federal Housing Finance Agency.(pl) (Entered: 08/07/2012) 08/07/2012 147 Letter addressed to Judge Denise L. Cote from Jay B. Kasner dated 7/31/2012 re: Counsel for Defendants we write in response to Plaintiffs letter addressing the parties' dispute over a proposed schedule for the exchange of information concerning purportedly defective loans in the sample upon which Plaintiff intends to rely ("Plaintiffs Sample" or the "Sample"). Document filed by Hugh Corcoran, Per Dyrvik, Federal Housing Finance Agency, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC.(pl) (Entered: 08/07/2012) 08/07/2012 148 Letter addressed to Judge Denise L. Cote from Philippe Z. Zelendy and Michael Hanin dated 7/30/2012 re: Counsel write on behalf of FHFA to propose, consistent with the Court's prior direction, a protocol that will permit the parties, and the Court, to address significant expert issues on an expedited basis. Document filed by Federal Housing Finance Agency.(tro) (Entered: 08/08/2012) 08/07/2012 149 DEFENDANTS SUMMISSION FOR JULY 31, 2012 HEARING: Plaintiff has attempted to prevent discovery of relevant information, including through its refusal to testify about most topics in Defendants June 28 Rule 30(b)(6) notice (the Notice). Despite having agreed to early Rule 30(b)(6) depositions for the purpose of identifying appropriate ESI custodians (see June 7 Rule 26 (f) Report at 6) and despite the absence of burden, Plaintiff indicated that it would seek a protective order rather than provide even the identities of certain individuals and the responsibility of groups other than the "private label" or "non-agency" departments of the GSEs (collectively, "PLS") with knowledge concerning, inter alia, the same loan originators (the "Originators") involved in the securitizations at issue (the "Securitizations"). Similarly, Plaintiff refuses to respond to Defendants Interrogatory No. 3, which seeks the identity of employees responsible for the GSEs direct relationships and dealings with the Originators. Accordingly, Defendants respectfully request that the Court compel Plaintiff to testify as to each of the topics contained on Defendants Notice; identify personnel responsible for dealings and relationships with Originators, in response to Interrogatory No. 3; and produce documents and information relating to GSE institutional knowledge..Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC. (Attachments: # 1 Supplement Submission Part 2, # 2 Supplement Submission Part 3)(pl) (Entered: 08/08/2012) 08/07/2012 150 Letter addressed to Judge Denise L. Cote from David J. Woll dated 7/31/2012 re: Counsel for Defendants re: DEFENDANTS JULY 31 SUBMISSION REGARDING DOCUMENT RETENTION: Defendants respectfully submit this response to Plaintiff's July 30 letter concerning the Rule 30(b)(6) testimony on document retention issues provided by Plaintiff to date. That letter fails to answer the fundamental question whether Freddie Mac still

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possesses relevant emails for some or all of its document custodians or, instead, whether they have been permanently deleted as a result of a 30-day automatic deletion protocol (the "Protocol"). Plaintiff first disclosed the Protocol to Defendants the week of June 25, stating that (i) the Protocol was in place from 2004 to September 2008, (ii) pursuant to the Protocol all emails that employees did not affirmatively save were "overwritten" after 30 days, and (iii) any emails affirmatively saved by an employee would have been discarded if that employee left Freddie Mac prior to September 2008. Particularly given the inconsistencies that are set forth in this letter, Defendants take little comfort from Plaintiffs statement made for the first time yesterday that it "has significant amounts of electronic information, including e-mail, for the relevant time period" for 38 of the 51 Freddie Mac custodians it proposes. Plaintiff still has not informed Defendants whether large portions of potentially relevant emails have been destroyed or for which custodians and over what time periods such gaps may exist. Plaintiff claims that the recent addition of 43 custodians should "ameliorate any concern about missing electronic information," but that is hardly the case, since many of these are Fannie Mae custodians and Defendants do not know what, if any, electronic information exists for the additional Freddie Mac custodians. If Plaintiff needs more time to answer the question, then a timetable should be established. But Plaintiff should not be permitted to ignore repeated requests and narrowly parse deposition topics to avoid answering the question until the document discovery deadline has passed. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC.(pl) (Entered: 08/08/2012) 08/08/2012 151 PLAINTIFFS JULY 30 AND JULY 31 SUBMISSION TO THE COURT REGARDING DOCUMENT RETENTION. That for the reasons that are set forth in this Order, FHFA respectfully requests that the Court reject defendants request for additional designees or for additional time on these topics. Document filed by Federal Housing Finance Agency.(pl) (Entered: 08/09/2012) 08/10/2012 152 TRANSCRIPT of Proceedings re: CONFERECE held on 7/31/2012 before Judge Denise L. Cote. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/4/2012. Redacted Transcript Deadline set for 9/13/2012. Release of Transcript Restriction set for 11/13/2012.(McGuirk, Kelly) (Entered: 08/10/2012) 08/10/2012 153 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 7/31/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/10/2012)

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08/10/2012 154 ORDER governing Loan File discovery and party exchange of information. By noon on 8/29/12, the parties shall file reports comprehensively setting forth the status of production of all loan files. There will be a telephone conference to address any outstanding production issues on 8/30/12 at 3:00 PM.(Signed by Judge Denise L. Cote on 8/10/12)(SAH) (Entered: 08/10/2012) 08/13/2012 155 Letter addressed to Judge Denise Cote, from Manisha M. Sheth, dated 8/9/2012, re: We previously notified the Court that on July 27, 2012, Plaintiff provided Defendants with the list of the loans constituting the sample upon which Plaintiff intends to rely in identifying breaching loans in the UBS matter. Based on our expert's initial review of the new loan tape production, however, the 100 loan sample for the five Securitizations will need to be re- drawn because the population for the original sample did not include the additional loans that are listed only in the tapes just disclosed. Document filed by Federal Housing Finance Agency.(ja) (Entered: 08/13/2012) 08/13/2012 156 Letter addressed to Judge Denise Cote, from Jay B. Kasner, dated 8/10/2012, re: on behalf of Defendants in the above action, and in response to Plaintiff's August 9, 2012 letter regarding certain loan tapes for a limited number of so- called "pre-funded" loans in 5 of the 22 securitizations. It is Plaintiff's decision whether to re-draw these samples and we do not oppose their proposal to provide that information to us on Monday. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC.(ja) (Entered: 08/13/2012) 08/13/2012 157 Letter addressed to Judge Denise L. Cote from Penny Shane dated 8/9/2012 re: We write on behalf of Defendants in response to the Court's direction at the July 31, 2012 conference that the parties provide a status report and proposed orders with respect to loan file production by third parties. Document filed by Hugh Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC.(lmb) (Entered: 08/13/2012) 08/13/2012 158 Letter addressed to Judge Denise L. Cote from Philippe Z. Selendy dated 8/9/2012 re: We write on behalf of the Federal Housing Finance Agency (FHFA) in response to the Court's direction that the parties provide a status update and proposed orders to facilitate the third party production of loan files and suggest ways of moving loan file production forward in the upcoming weeks. Document filed by Federal Housing Finance Agency.(lmb) (Entered: 08/13/2012) 08/13/2012 159 Letter addressed to Judge Denise L. Cote from Penny Shane dated 8/10/2012 re: We write on behalf of Defendants to address the three-page letter to the Court Plaintiff filed at 11:58 pm on August 9, concerning the effort to collect loan files from third parties. Because Plaintiff's midnight letter disregards this Court's two-page limit and the parties' practice of submitting to the Court simultaneously, and because it invites the Court to rule based on numerous inaccuracies, Defendants respectfully request that the Court consider the following facts as further set forth in this letter. Document filed by Hugh

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Corcoran, Per Dyrvik, David Martin, Mortgage Asset Securitization Transactions, Inc., Peter Slagowitz, UBS Americas Inc., UBS Real Estate Securities Inc., UBS Securities, LLC.(lmb) (Entered: 08/13/2012)

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United States Court of Appeals for the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, NY 10007

DENNIS JACOBS CATHERINE O'HAGAN WOLFE CHIEF JUDGE CLERK OF COURT

Date: August 14, 2012 DC Docket #: 11-cv-5201 Docket #: 12-3207cv DC Court: SDNY () Short Title: Federal Housing Finance Agency v. UBS DC Judge: Cote Francis Americas Inc.

DOCKETING NOTICE

A notice of appeal filed by UBS Americas Inc. et al. in the above referenced case was docketed today as 12-3207. This number must appear on all documents related to this case that are filed in this Court. For pro se parties the docket sheet with the caption page, and an Acknowledgment and Notice of Appearance Form are enclosed. In counseled cases the docket sheet is available on PACER. Counsel must access the Acknowledgment and Notice of Appearance Form from this Court's website http://www.ca2.uscourts.gov.

The form must be completed and returned within 14 days of the date of this notice. The form requires the following information:

YOUR CORRECT CONTACT INFORMATION: Review the party information on the docket sheet and note any incorrect information in writing on the Acknowledgment and Notice of Appearance Form.

The Court will contact one counsel per party or group of collectively represented parties when serving notice or issuing our order. Counsel must designate on the Acknowledgment and Notice of Appearance a lead attorney to accept all notices from this Court who, in turn will, be responsible for notifying any associated counsel.

CAPTION: This Court must use the district court caption See FRAP 12(a), 32(a). Please review the caption carefully and promptly advise this Court of any improper or inaccurate designations in writing on the Acknowledgment and Notice of Appearance form. If a party has been terminated from the case the caption may reflect that change only if the district court judge ordered that the caption be amended.

APPELLATE DESIGNATIONS: Please review whether appellant is listed correctly on the party listing page of the docket sheet and in the caption. If there is an error, please note on the Acknowledgment and Notice of Appearance Form. Timely submission of the Acknowledgment and Notice of Appearance Form will constitute compliance with the requirement to file a Representation Statement required by FRAP 12(b). Case: 12-3207 Document: 1-3 Page: 2 08/14/2012 691546 2

For additional information consult the Court's instructions posted on the website.

Inquiries regarding this case may be directed to 212-857-8541.