U.S. District Court Southern District of New York (Foley...

US District Court Civil Docket as of May 27, 2014 Retrieved from the court on May 28, 2014

U.S. District Court Southern District of New York (Foley Square)

CIVIL DOCKET FOR CASE #: 1:09-cv-02137-LTS-SN

IN RE MORGAN STANLEY MORTGAGE PASS-THROUGH Date Filed: 03/09/2009 CERTIFICATES LITIGATION Jury Demand: None Assigned to: Judge Laura Taylor Swain Nature of Suit: 850 Referred to: Magistrate Judge Sarah Netburn Securities/Commodities Related Cases: 1:09-cv-04414-LTS Jurisdiction: Federal Question

1:10-cv-05823-LTS Case in other court: USDC-CDCA, 08-01469(FMOx) Cause: 15:77 Securities Fraud

Lead Plaintiff

West Virginia Investment Management represented by David Avi Rosenfeld Board Robbins Geller Rudman & Dowd LLP(LI)

58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Arthur C. Leahy Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 (619) 231-1058 Fax: (619) 231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Mark W. Carbone Carbone & Blaydes, PLLC 2442 Kanawha Blvd., East Charleston, WV 25311 (304)-342-3650 Fax: (304)-342-3651

Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew I. Alpert Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 619 231-1058 Fax: 619 231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Nathan R. Lindell Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 (619) 231-1058 Fax: (619) 231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Ryan A. Llorens Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 (619)-231-1058 Fax: (619)-231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Scott H. Saham Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 (619) 231-1058 Fax: (619) 231-7423 Email: [email protected] PRO HAC VICE

ATTORNEY TO BE NOTICED

Susan G. Taylor Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 (619) 231-1058 Fax: (619) 231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Thomas Edward Egler Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 (619)-231-1058 Fax: (619)-231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff

Public Employees' Retirement System represented by Brett M. Middleton of Mississippi Bernstein Litowitz Berger & Grossmann Individually and on behalf of all others LLP (San Diego) similarly situated 12481 High Bluff Drive

Suite 300 San Diego, CA 92130 (858) 793-0070 Fax: (858) 793-0323 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

David R. Stickney Bernstein Litowitz Berger & Grossmann LLP 12481 High Bluff Drive, Suite 300 San Diego, CA 92130 (858) 793-0070 Fax: (858)-793-0323 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

David Lloyd Wales Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas 38th Floor New York, NY 10019 212-554-1409 Fax: 212-554-1444 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Timothy Alan DeLange Bernstein Litowitz Berger & Grossmann LLP (San Diego) 12481 High Bluff Drive Suite 300 San Diego, CA 92130 (858) 793-0070 Fax: (858) 793-0323 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Arthur C. Leahy (See above for address) ATTORNEY TO BE NOTICED

Carolina Cecilia Torres Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 (631)-367-7100 Fax: (631)-367-1173 Email: [email protected] ATTORNEY TO BE NOTICED

Daniel S. Drosman Robbins Geller Rudman & Dowd LLP (SANDIEGO) 655 West Broadway Suite 1900 San Diego, CA 92101 (619) 231-1058 x338-3831 Fax: (619) 231-7423 Email: [email protected] ATTORNEY TO BE NOTICED

David Avi Rosenfeld Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: [email protected] ATTORNEY TO BE NOTICED

David A. Thorpe Dietrich Siben Thorpe 9595 Wilshire Boulevard Suite 900 Beverly, CA 90212 (310)-300-8450 Fax: (310)-300-8401 Email: [email protected] ATTORNEY TO BE NOTICED

Ivy T. Ngo Robbins Geller Rudman & Dowd LLP 655 West Broadway,suite 1900 San Diego, CA 92101-3301 619-231-1058 Fax: 619-231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Jarrett Scott Charo Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 (619)-231-1058 Fax: (619)-231-7423 Email: [email protected] ATTORNEY TO BE NOTICED

Jeroen Van Kwawegen Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas 38th Floor New York, NY 10019 (212) 554-1400 Fax: (212) 554-1444 Email: [email protected] ATTORNEY TO BE NOTICED

Jonah H. Goldstein Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 (619)231-1058 Fax: (619)-231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Katherine Anastasia Stefanou Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas 38th Floor New York, NY 10019 (212) 554-1584 Fax: (212) 554-1444 Email: [email protected] ATTORNEY TO BE NOTICED

Luke Orion Brooks Robbins Geller Rudman & Dowd LLP ( SFran. ) One Montgomery Street, Suite 1800 San Francisco, CA 94104 (415) 288-4545 Fax: (415) 288-4534 Email: [email protected] ATTORNEY TO BE NOTICED

Matthew P. Jubenville Bernstein Litowitz Berger & Grossmann LLP (San Diego) 12481 High Bluff Drive Suite 300 San Diego, CA 92130 (858) 793-0070 Fax: (858) 793-0323 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Richard David Gluck Bernstein Litowitz Berger & Grossmann LLP (San Diego) 12481 High Bluff Drive

Suite 300 San Diego, CA 92130 (858)-793-0070 Fax: (858)-793-0323 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Samuel Howard Rudman Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 (631) 367-7100 Fax: (631) 367-1173 Email: [email protected] ATTORNEY TO BE NOTICED

Plaintiff

Pompano Beach Police and Firefighters' Retirement System

represented by Angel P. Lau Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Ashley M Robinson Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA 92101 (619)-231-1058 Fax: (619)-231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Carolina Cecilia Torres (See above for address) ATTORNEY TO BE NOTICED

Caroline M Robert Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 (619)-231-1058

Fax: (619)-231-7423 Email: [email protected] ATTORNEY TO BE NOTICED

Daniel S. Drosman (See above for address) ATTORNEY TO BE NOTICED

Darryl J. Alvarado Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 (619) 231-1058 Fax: (619) 231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

David J. Harris , Jr Robbins Geller Rudman & Dowd LLP (SANDIEGO) 655 West Broadway Suite 1900 San Diego, CA 92101 (619)-231-1058 Fax: (619)-231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

David Avi Rosenfeld (See above for address) ATTORNEY TO BE NOTICED

Hillary B. Stakem Robbins Geller Rudman & Dowd LLP (San Diego) 655 West Broadway Suite 1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Ivy T. Ngo (See above for address)

PRO HAC VICE ATTORNEY TO BE NOTICED

Jarrett Scott Charo (See above for address) ATTORNEY TO BE NOTICED

Jonah H. Goldstein (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

L. Dana Martindale Robbins, Geller, Rudman & Dowd LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 (619)-231-1058 Fax: (619)-231-7423 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED

Luke Orion Brooks (See above for address) ATTORNEY TO BE NOTICED

Ryan A. Llorens (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Samuel Howard Rudman (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Carpenters Pension Fund of West represented by Angel P. Lau Virginia (See above for address)


Ashley M Robinson (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED


Caroline M Robert

(See above for address) ATTORNEY TO BE NOTICED


Darryl J. Alvarado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

David J. Harris , Jr (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED


Hillary B. Stakem (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Ivy T. Ngo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED



L. Dana Martindale (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED


Ryan A. Llorens

(See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED


Plaintiff

NECA-IBEW Health and Welfare Fund represented by Angel P. Lau (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Ashley M Robinson (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED


Caroline M Robert (See above for address) ATTORNEY TO BE NOTICED


Darryl J. Alvarado (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

David J. Harris , Jr (See above for address) ATTORNEY TO BE NOTICED


Hillary B. Stakem (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Ivy T. Ngo

(See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED



L. Dana Martindale (See above for address) ATTORNEY TO BE NOTICED




Plaintiff

Members United Corporate Federal represented by Carolina Cecilia Torres Credit Union (See above for address)



Ivy T. Ngo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED


Jonah H. Goldstein (See above for address)




Plaintiff

United Western Bank represented by Carolina Cecilia Torres TERMINATED: 09/20/2011

(See above for address)

David Avi Rosenfeld (See above for address)

Ivy T. Ngo (See above for address) PRO HAC VICE

Jarrett Scott Charo (See above for address)

Jonah H. Goldstein (See above for address) PRO HAC VICE

Ryan A. Llorens (See above for address) PRO HAC VICE

Samuel Howard Rudman (See above for address)

Plaintiff

FDIC TERMINATED: 10/05/2011

V.

Defendant

Morgan Stanley represented by Christopher Burch Hockett Davis Polk & Wardwell (Menlo Park) 1600 El Camino Real Menlo Park, CA 94025 (650) 752-2000

Fax: (650) 752-2111 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

James P. Rouhandeh Davis Polk & Wardwell L.L.P. 450 Lexington Avenue New York, NY 10017 (212)-450-4835 Fax: (212)-450-3835 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hayward Homes Smith Davis Polk & Wardwell L.L.P. 450 Lexington Avenue New York, NY 10017 (212)-450-4763 Fax: (212)-450-3763 Email: [email protected] ATTORNEY TO BE NOTICED

William Joseph Fenrich Davis Polk & Wardwell L.L.P. 450 Lexington Avenue New York, NY 10017 (212)-450-4000 Fax: (212)-450-3800 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Morgan Stanley Mortgage Capital Inc. represented by Christopher Burch Hockett (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Heather Brae Hoesterey Reed Smith, LLP (San Francisco) Two Embarcadero Center Suite 2000 San Francisco, CA 94111 (415) 543-8700 Fax: (415) 391-8269 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hayward Homes Smith (See above for address) ATTORNEY TO BE NOTICED

James P. Rouhandeh (See above for address) ATTORNEY TO BE NOTICED

William Joseph Fenrich (See above for address) ATTORNEY TO BE NOTICED

Defendant

Morgan Stanley Dean Witter Capital I Inc formerly known as Morgan Stanley Capital I Inc

represented by Christopher Burch Hockett (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Heather Brae Hoesterey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

James P. Rouhandeh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED


Defendant

Morgan Stanley & Co Incorporated



James P. Rouhandeh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carissa Marie Pilotti Davis Polk & Wardwell L.L.P. 450 Lexington Avenue New York, NY 10017 (212) 450-4000 x4047 Fax: (212) 701-5047 Email: [email protected] ATTORNEY TO BE NOTICED

Dana Meredith Seshens Davis Polk & Wardwell L.L.P. 450 Lexington Avenue New York, NY 10017 (212) 450-4855 Fax: (212) 450-3855 Email: [email protected] ATTORNEY TO BE NOTICED



Defendant

MCGraw-Hill Companies Inc represented by Adam N. Zurofsky Cahill Gordon & Reindel LLP 80 Pine Street New York, NY 10005 212.701.3000 Fax: 212.378.2732 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

David T. Biderman Perkins, Coie, L.L.P. 1620 26th Street 6th South Tower Santa Monica, CA 90404-4013 310-843-1284 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Floyd Abrams Cahill Gordon & Reindel LLP 80 Pine Street

New York, NY 10005 (212)-701-3621 Fax: (212)-269-5420 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Judith B. Gitterman Perkins Coie LLP (Santa Monica) South Tower 1620 26th Street, 6th Floor Canta Monica, CA 90404 (310) 788-9900 Fax: (310) 788-3399 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Christopher Anthony Gorman Cahill Gordon & Reindel LLP 80 Pine Street New York, NY 10005 (212)-701-3119 Fax: (212)-378-2539 Email: [email protected] ATTORNEY TO BE NOTICED

Floyd Abrams (See above for address) ATTORNEY TO BE NOTICED

Sarah Penny Windle Cahill Gordon & Reindel LLP 80 Pine Street New York, NY 10005 (212)-701-3693 Fax: (212)-269-5420 Email: [email protected] ATTORNEY TO BE NOTICED

Tammy Lynn Roy Cahill Gordon et ano. 80 Pine Street New York, NY 10005 (212)-701-3720 Fax: (212)-269-5420 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Moody's Corp. represented by David Andrew McCarthy

Wilson Sonsini Goodrich & Rosati (CA) 650 Page Mill Road Palo Alto, CA 94304 (650) 493-9300 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James J. Coster Satterlee Stephens Burke & Burke LLP 230 Park Avenue New York, NY 10169 212-818-9200 Fax: 212-818-9606 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Keith E. Eggleton Wilson Sonsini Goodrich & Rosati, P.C. 650 Page Mill Road Palo Alto, CA 94304 (650) 493-9300 Fax: (650) 493-6811 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joshua M. Rubins Satterlee Stephens Burke & Burke LLP 230 Park Avenue New York, NY 10169 (212)-404-8731 Fax: (212)-818-9606 Email: [email protected] ATTORNEY TO BE NOTICED

Justin Evan Klein Satterlee Stephens Burke & Burke LLP 230 Park Avenue New York, NY 10169 (212)-404-8706 Fax: (212)-818-9606 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Anthony B. Tufariello represented by Christopher Burch Hockett (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Carissa Marie Pilotti (See above for address) ATTORNEY TO BE NOTICED

Dana Meredith Seshens (See above for address) ATTORNEY TO BE NOTICED




Defendant

William J. Forsell







Defendant

Valerie H. Kay represented by Christopher Burch Hockett

(See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED



Defendant

Steven S. Stern represented by Christopher Burch Hockett (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED






Defendant

Morgan Stanley Mortgage Loan Trust represented by Christopher Burch Hockett 2006-4SL

(See above for address) TERMINATED: 11/18/2009

LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Steven Cooper Reed Smith LLP (NYC) 599 Lexington Avenue

New York, NY 10022 (212) 521-5400 Fax: (212) 521-5450 Email: [email protected] LEAD ATTORNEY

Heather Brae Hoesterey (See above for address) ATTORNEY TO BE NOTICED

Kristina Marie Mentone Reed Smith LLP (NYC) 599 Lexington Avenue New York, NY 10022 (212) 521-5400 Fax: (212) 521-5450 Email: [email protected] ATTORNEY TO BE NOTICED

Defendant

Morgan Stanley Mortage Loan Trust represented by Christopher Burch Hockett 2006-5AR



Steven Cooper (See above for address) LEAD ATTORNEY


Kristina Marie Mentone (See above for address) ATTORNEY TO BE NOTICED

Defendant

Morgan Stanley Mortage Loan Trust represented by Christopher Burch Hockett 2006-5ARW




Heather Brae Hoesterey



Defendant

Morgan Stanley Mortage Loan Trust 2006-6AR TERMINATED: 11/18/2009





Defendant

Mortage Stanley Mortage Loan Trust 2006-7 TERMINATED: 11/18/2009



Defendant








Defendant

Morgan Stanley Mortgage Loan Trust 2006-9AR TERMINATED: 11/18/2009



Defendant

Morgan Stanley Mortage Loan Trust 2006-10SL TERMINATED: 11/18/2009





Defendant

Morgan Stanley Mortage Loan Trust represented by Christopher Burch Hockett 2006-11







Defendant

Morgan Stanley Mortage Loan Trsut represented by Christopher Burch Hockett 2006-12XS






Defendant

Morgan Stanley Mortage Loan Trust 2006-13AX TERMINATED: 11/18/2009





Defendant

Morgan Stanley Mortage Loan Trust represented by Christopher Burch Hockett 2006-14SL


LEAD ATTORNEY PRO HAC VICE





Defendant

Morgan Stanley Mortage Loan Trust represented by Christopher Burch Hockett 2006-15XS






Defendant

Morgan Stanley Mortgage Loan Trust represented by Christopher Burch Hockett 2006-16AX





Kristina Marie Mentone (See above for address)


Defendant

Morgan Stanley Mortage Loan Trust 2006-7 TERMINATED: 11/18/2009





Defendant





Defendant

Morgan Stanley Mortage Loan Trust 2006-9AR TERMINATED: 11/18/2009





Defendant

Morgan Stanley Mortgage Loan Trust 2006-10SL TERMINATED: 11/18/2009



Defendant

Morgan Stanley Mortgage Loan Trust 2006-11 TERMINATED: 11/18/2009



Defendant

Morgan Stanley Mortgage Loan Trust 2006-12XS TERMINATED: 11/18/2009



Defendant

Morgan Stanley Mortgage Loan Trust 2006-13AX TERMINATED: 11/18/2009



Defendant

Morgan Stanley Mortgage Loan Trust represented by Christopher Burch Hockett 2006-14SL


LEAD ATTORNEY



Defendant




Defendant




Defendant

Morgan Stanley Mortgage Capital represented by Carissa Marie Pilotti Holdings LLC




Defendant

Morgan Stanley represented by Carissa Marie Pilotti (See above for address) ATTORNEY TO BE NOTICED

Dana Meredith Seshens (See above for address)



Defendant

MS&Co.

Defendant

Morgan Stanley Capital

V.

Consolidated Defendant

Morgan Stanley Capital I Inc represented by Carissa Marie Pilotti (See above for address) ATTORNEY TO BE NOTICED






Morgan Stanley Mortgage Loan Trust 2006-13ARX TERMINATED: 11/18/2009










Morgan Stanley Mortgage Loan Trust 20075AX TERMINATED: 11/18/2009
























Moody's Investors Service, Inc.


Standard & Poor's Rating Services


Fitch, Inc. represented by Andrew James Ehrlich Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY) 1285 Avenue of the Americas New York, NY 10019 (212) 373-3166 Fax: 212.373-0166 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martin Flumenbaum Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY) 1285 Avenue of the Americas New York, NY 10019 (212)-373-3191 Fax: (212)-492-0191 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Roberta Ann Kaplan Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY) 1285 Avenue of the Americas New York, NY 10019 212-373-3086 Fax: 212-373-2037 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tobias James Stern Paul, Weiss, Rifkind, Wharton & Garrison LLP (NY) 1285 Avenue of the Americas New York, NY 10019 (212)-373-3709 Fax: (212)-492-0709 Email: [email protected] ATTORNEY TO BE NOTICED


David R. Warren represented by Carissa Marie Pilotti (See above for address) ATTORNEY TO BE NOTICED





Intervenor Plaintiff

Police and Fire Retirement System of

represented by Robin F. Zwerling the City of Detroit

Zwerling, Schachter & Zwerling (NYC) 41 Madison Avenue New York, NY 10010 212-223-3900 Fax: 212-371-5969 Email: [email protected]

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

03/09/2009 1 CASE TRANSFERRED IN from the United States District Court - Central District of California; Case Number: 8:08cv1469-MRP-FMO. Pdf's documents numbered 1-63, certified copy of transfer order and docket entries received.Document filed by Public Employees' Retirement System of Mississippi.(ama) (Additional attachment(s) added on 3/17/2009: # 1 doc.2, # 2 doc.3, # 3 doc.4, # 4 doc.5, # 5 doc.6, # 6 doc.7, # 7 doc.8, # 8 doc.9, # 9 doc.10, # 10 doc.11, # 11 doc.12, # 12 doc.13, # 13 doc.14, # 14 doc.15, # 15 doc.15-2, # 16 doc.15-3, # 17 doc.16, # 18 doc.17, # 19 doc.18, # 20 doc.19, # 21 doc.19-2, # 22 doc.20, # 23 doc.21, # 24 doc.22, # 25 doc.23, # 26 doc.24, # 27 doc.25, # 28 doc.26-1, # 29 doc.26-2, # 30 doc.27-1, # 31 doc.27-2, # 32 doc.28-1, # 33 doc.28-2, # 34 doc.29, # 35 doc.30, # 36 doc.31, # 37 doc.32, # 38 do.33-1, # 39 doc.33-2, # 40 doc.34, # 41 doc.35, # 42 doc.36, # 43 doc.37, # 44 doc.38, # 45 doc.39, # 46 doc.40, # 47 doc.41-1, # 48 doc.41-2, # 49 doc.42-1, # 50 doc.42-2, # 51 doc.42-3, # 52 doc.43, # 53 doc.44, # 54 doc.45, # 55 doc.46, # 56 doc.46, # 57 doc.47-1, # 58 doc.47-2, # 59 doc.47-3, # 60 doc.47-4, # 61 doc.47-5, # 62 doc.47-, # 63 doc.47-8, # 64 doc.47-9, # 65 doc.48-1, # 66 doc.48-2, # 67 doc.48-3, # 68 doc.48-4, # 69 doc.49-1, # 70 doc.49-2, # 71 doc.49-3, # 72 doc.49-4, # 73 doc.50-1, # 74 doc.50-2, # 75 doc.50-3, # 76 doc.51-1, # 77 doc.51-2, # 78 doc.51-3, # 79 doc.52, # 80 doc.53, # 81 doc.54-1, # 82 doc.54-2, # 83 doc.54-3, # 84 doc.54-4, # 85 doc.54-5, # 86 doc.54-6, # 87 doc.55-2, # 88 doc.55-4, # 89 doc.55, # 90 doc.56, # 91 doc.57, # 92 doc.58, # 93 doc.59-1, # 94 doc.59-2, # 95 doc.60, # 96 doc.61-1, # 97 doc.61-3, # 98 doc.61-4, # 99 doc.62, # 100 doc.62-2) (ama). (Entered: 03/12/2009)

Magistrate Judge Michael H. Dolinger is so designated. (ama) (Entered: 03/16/2009)

Case Designated ECF. (ama) (Entered: 03/16/2009)

03/09/2009

03/09/2009

03/16/2009

03/16/2009

03/16/2009

, 2 NOTICE OF APPEARANCE by Sarah Penny Windle on behalf of MCGraw-Hill Companies Inc (Windle, Sarah) (Entered: 03/16/2009)

. 3 NOTICE OF APPEARANCE by Floyd Abrams on behalf of MCGraw-Hill Companies Inc (Abrams, Floyd) (Entered: 03/16/2009)

4 NOTICE OF APPEARANCE by Tammy Lynn Roy on behalf of MCGraw-Hill Companies Inc (Roy, Tammy) (Entered: 03/16/2009)

03/17/2009 5 NOTICE OF APPEARANCE by William Joseph Fenrich on behalf of Anthony B. Tufariello, William J. Forsell, Valerie H. Kay, Steven S. Stern, Morgan Stanley, Morgan Stanley Mortgage Capital Inc., Morgan Stanley Dean Witter Capital I Inc, Morgan Stanley & Co Incorporated (Fenrich, William) (Entered: 03/17/2009)

03/17/2009 6 NOTICE OF APPEARANCE by James P. Rouhandeh on behalf of Anthony B. Tufariello, William J. Forsell, Valerie H. Kay, Steven S. Stern, Morgan Stanley, Morgan Stanley Mortgage Capital Inc., Morgan Stanley Dean Witter Capital I Inc, Morgan Stanley & Co Incorporated (Rouhandeh, James) (Entered: 03/17/2009)

03/18/2009 7 NOTICE OF APPEARANCE by Adam Nelson Zurofsky on behalf of MCGraw-Hill Companies Inc (Zurofsky, Adam) (Entered: 03/18/2009)

03/20/2009

03/20/2009

03/20/2009

03/25/2009

03/25/2009

8 MOTION for David R. Stickney to Appear Pro Hac Vice. Document filed by Public Employees' Retirement System of Mississippi.(dle) (Entered: 03/25/2009)

9 MOTION for Timothy A. DeLange to Appear Pro Hac Vice. Document filed by Public Employees' Retirement System of Mississippi.(dle) (Entered: 03/25/2009)

10 MOTION for David A. Thorpe to Appear Pro Hac Vice. Document filed by Public Employees' Retirement System of Mississippi.(dle) (Entered: 03/25/2009)

11 NOTICE OF APPEARANCE by Justin Evan Klein on behalf of Moody's Corp. (Klein, Justin) (Entered: 03/25/2009)

12 NOTICE OF APPEARANCE by James J. Coster on behalf of Moody's Corp. (Coster, James) (Entered: 03/25/2009)

03/25/2009

13 NOTICE OF APPEARANCE by Joshua M. Rubins on behalf of Moody's Corp. I (Rubins, Joshua) (Entered: 03/25/2009)

03/27/2009 14 CERTIFICATE OF SERVICE of Notice of Appearance of Justin E. Klein, Notice of Appearance of James C. Coster and Notice of Appearance of Joshua M. Rubins served on Brett M. Middleton, David T. Biderman, Floyd Abrams, Heather Brae Hoesterey and Judith B. Gitterman on March 27, 2009. Service was made by Mail. Document filed by Moody's Corp.. (Klein, Justin) (Entered: 03/27/2009)

04/02/2009 15 INITIAL CONFERENCE ORDER:... Initial Conference set for 4/30/2009 at 12:00 PM before Judge Laura Taylor Swain in Courtroom 11C. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/1/2009) (tve) (Entered: 04/02/2009)

04/02/2009 16 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 9 Motion for Timothy A. DeLange to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 4/1/2009) (tve) (Entered: 04/02/2009)

04/02/2009 17 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 10 Motion for David A. Thorpe to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 4/1/2009) (tve) (Entered: 04/02/2009)

04/02/2009 18 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 8 Motion for David R. Stickney to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 4/1/2009) (tve) (Entered: 04/02/2009)

04/02/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 16 Order on Motion to Appear Pro Hac Vice, 18 Order on Motion to Appear Pro Hac Vice, 17 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tve) (Entered: 04/02/2009)

04/07/2009 19 JOINT SCHEDULING STIPULATION: (1) Plaintiff's motion for remand is withdrawn; (2) Pursuant 10 15 USC § 77z-l(a)(3)(A)(i)(II), any motion(s) for appointment as Lead Plaintiff shall be filed within 60 days from the date the Notice is published; (3) Defendants shall not have any present obligation to respond to the Complaint in this action; and (4) Within 10 business days after the issuance of an order appointing the Lead Plaintiff, the parties shall meet and confer regarding a schedule for the filing of an amended complaint ("Amended Complaint"), and for Defendants to respond to such Amended Complaint. (Signed by Judge Laura Taylor Swain on 4/7/09) (db) Modified on 4/15/2009 (db). (Entered: 04/07/2009)

NOTICE OF APPEARANCE by Kristina Marie Mentone on behalf of Morgan Stanley Mortgage Loan Trust 2006-4SL, Morgan Stanley Mortage Loan Trust 2006- 5AR, Morgan Stanley Mortage Loan Trust 2006-5ARW, Morgan Stanley Mortage Loan Trust 2006-6AR, Morgan Stanley Mortage Loan Trust 2006-8AR, Morgan Stanley Mortage Loan Trust 2006-10SL, Morgan Stanley Mortage Loan Trust 2006- 11, Morgan Stanley Mortage Loan Trsut 2006-12XS, Morgan Stanley Mortage Loan Trust 2006-13AX, Morgan Stanley Mortage Loan Trust 2006-14SL, Morgan Stanley Mortage Loan Trust 2006-15XS, Morgan Stanley Mortgage Loan Trust 2006-16AX, Morgan Stanley Mortage Loan Trust 2006-7, Morgan Stanley Mortage Loan Trust 2006-9AR (Mentone, Kristina) (Entered: 04/14/2009)

NOTICE OF APPEARANCE by Kristina Marie Mentone on behalf of Morgan Stanley Mortgage Loan Trust 2006-4SL, Morgan Stanley Mortage Loan Trust 2006- 5AR, Morgan Stanley Mortage Loan Trust 2006-5ARW, Morgan Stanley Mortage Loan Trust 2006-6AR, Morgan Stanley Mortage Loan Trust 2006-8AR, Morgan Stanley Mortage Loan Trust 2006-10SL, Morgan Stanley Mortage Loan Trust 2006- 11, Morgan Stanley Mortage Loan Trsut 2006-12XS, Morgan Stanley Mortage Loan Trust 2006-13AX, Morgan Stanley Mortage Loan Trust 2006-14SL, Morgan Stanley Mortage Loan Trust 2006-15XS, Morgan Stanley Mortgage Loan Trust 2006-16AX, Morgan Stanley Mortage Loan Trust 2006-7, Morgan Stanley Mortage Loan Trust 2006-9AR (Mentone, Kristina) (Entered: 04/14/2009)

ENDORSED LETTER addressed to Judge Laura Taylor Swain from William J. Fenrich dated 4/9/2009 re: The parties respectfully request that the Court adjourn the April 30, 2009 conference date and the other obligations under the Initial Conference Order until such time as a Lead Plaintiff has been selected. ENDORSEMENT: The conference is adjourned to a holding date of September 11, 2009, at 2:00 p.m. and the related obligations are suspended pending further order of the Court. So Ordered. (Signed by Judge Laura Taylor Swain on 4/14/2009) (jfe) Modified on 4/20/2009 (jfe). (Entered: 04/14/2009)

NOTICE OF APPEARANCE by Steven Cooper on behalf of Morgan Stanley Mortgage Loan Trust 2006-4SL, Morgan Stanley Mortage Loan Trust 2006-5AR, Morgan Stanley Mortage Loan Trust 2006-5ARW, Morgan Stanley Mortage Loan Trust 2006-6AR, Morgan Stanley Mortage Loan Trust 2006-8AR, Morgan Stanley Mortage Loan Trust 2006-10SL, Morgan Stanley Mortage Loan Trust 2006-11, Morgan Stanley Mortage Loan Trsut 2006-12XS, Morgan Stanley Mortage Loan Trust 2006-13AX, Morgan Stanley Mortage Loan Trust 2006-14SL, Morgan Stanley Mortage Loan Trust 2006-15XS, Morgan Stanley Mortgage Loan Trust 2006-16AX, Morgan Stanley Mortage Loan Trust 2006-7, Morgan Stanley Mortage Loan Trust 2006-9AR (Cooper, Steven) (Entered: 04/16/2009)

04/14/2009

20

04/14/2009

21

04/14/2009

22

04/16/2009

23

04/17/2009 24 NOTICE OF CHANGE OF ADDRESS by Kristina Marie Mentone on behalf of all parties. New Address: Reed Smith LLP, 599 Lexington Avenue, New York, New York, US 10022, (212) 521-5400. (Mentone, Kristina) (Entered: 04/17/2009)

04/21/2009 25 NOTICE OF CHANGE OF ADDRESS by Steven Cooper on behalf of all parties. New Address: Reed Smith LLP, 599 Lexington Avenue, New York, New York, US 10022, (212) 521-5400. (Cooper, Steven) (Entered: 04/21/2009)

04/23/2009 CASHIERS OFFICE REMARK on 9 Motion to Appear Pro Hac Vice, 10 Motion to Appear Pro Hac Vice, 8 Motion to Appear Pro Hac Vice in the amount of $75.00, paid

on 03/20/2009, Receipt Number 682217. (jd) (Entered: 04/23/2009)

06/05/2009 26 MOTION to Consolidate Cases 09-cv-2137; 09-cv-4414., MOTION to Appoint West Virginia Investment Management Board to serve as lead plaintiff(s)., MOTION to Appoint Counsel. Document filed by West Virginia Investment Management Board.(Rosenfeld, David) (Entered: 06/05/2009)

06/05/2009

06/05/2009

27

28

MEMORANDUM OF LAW in Support re: 26 MOTION to Consolidate Cases 09-cv-2137; 09-cv-4414. MOTION to Appoint West Virginia Investment Management Board to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint West Virginia Investment Management Board to serve as lead plaintiff(s).. Document filed by West Virginia Investment Management Board. (Rosenfeld, David) (Entered: 06/05/2009)

AFFIDAVIT of David A. Rosenfeld in Support re: 26 MOTION to Consolidate Cases 09-cv-2137; 09-cv-4414. MOTION to Appoint West Virginia Investment Management Board to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint West Virginia Investment Management Board to serve as lead plaintiff(s).. Document filed by West Virginia Investment Management Board. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rosenfeld, David) (Entered: 06/05/2009)

06/17/2009 29 ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR CONSOLIDATION, APPOINTMENT OF LEAD PLAINTIFF, AND APPOINTMENT OF LEAD COUNSEL MOTIONS: Any and all papers in opposition to the aforementioned motion must be filed with this Court and served on all parties, with a courtesy copy provided for the Chambers of the undersigned, so as to be received no later than July 2, 2009. Any and all reply papers must be filed and served, with a courtesy copy to Chambers, no later than July 9, 2009. A hearing concerning the appointment of a lead plaintiff pursuant to 15 U.S.C. § 77z-1(a)(3)(B)(ii) and the applications for appointment of lead plaintiffs' counsel and for consolidation will be held in this matter, if necessary, on July 22, 2009, at 10:30 a.m. in Courtroom No. 11C, Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York, New York 10007. The submission and consultation requirements of the Initial Conference Orders previously issued in the above-captioned cases, and the pre-trial conference schedule set by those Orders, are suspended pending further Order of the Court. The Clerk of Court is respectfully requested to docket this Order in each of the above-captioned actions. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/17/2009) (tve) Modified on 6/18/2009 (tve). (Entered: 06/18/2009)

07/01/2009 30 NOTICE of FIRM REGISTRATION AS AN LLP AND NAME CHANGE. Document filed by Anthony B. Tufariello, William J. Forsell, Valerie H. Kay, Steven S. Stern, Morgan Stanley, Morgan Stanley Mortgage Capital Inc., Morgan Stanley Dean Witter Capital I Inc, Morgan Stanley & Co Incorporated. (Fenrich, William) (Entered: 07/01/2009)

07/09/2009 31 NOTICE of Non-Opposition re: 26 MOTION to Consolidate Cases 09-cv-2137; 09- cv-4414. MOTION to Appoint West Virginia Investment Management Board to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint West Virginia Investment Management Board to serve as lead plaintiff(s).. Document filed by West Virginia Investment Management Board. (Rosenfeld, David) (Entered: 07/09/2009)

07/17/2009 32 ORDER CONSOLIDATING CASES, APPOINTING LEAD PLAINTIFF AND

APPROVING SELECTION OF LEAD PLAINTIFF'S COUNSEL: It is hereby Ordered that West Virginia is appointed Lead Plaintiff. Coughlin Stoia Geller Rudman & Robbins LLP shall serve as Lead Counsel for all plaintiffs in the Consolidated Actions. The motions for consolidation are granted and the above-captioned actions are hereby consolidated for all purposes pursuant to Federal Rule of Civil Procedure 42(a). The consolidated cases shall be referred to collectively as In re Morgan Stanley Mortgage Pass-Through Certificates Litigation, Master File No. 09 Civ. 2137 (LTS)(MHD). This Order resolves docket entry no. 26 in case no. 09 Civ. 2137. This Order resolves docket entry no. 26 in case no. 09 Civ. 2137. In light of the Court's decision on the motions, the hearing that was scheduled for Tuesday, July 22, 2009, is canceled and the parties' initial pretrial conference is adjourned to December 11, 2009, at 2:30 p.m. (Signed by Judge Laura Taylor Swain on 7/17/2009) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(jfe) (Entered: 07/20/2009)

07/22/2009 33 NOTICE OF APPEARANCE by Martin Flumenbaum on behalf of Fitch, Inc. (Flumenbaum, Martin) (Entered: 07/22/2009)

07/22/2009 34 NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of Fitch, Inc. (Kaplan, Roberta) (Entered: 07/22/2009)

07/22/2009 35 NOTICE OF APPEARANCE by Andrew James Ehrlich on behalf of Fitch, Inc. (Ehrlich, Andrew) (Entered: 07/22/2009)

07/22/2009 36 NOTICE OF APPEARANCE by Tobias James Stern on behalf of Fitch, Inc. (Stern, Tobias) (Entered: 07/22/2009)

07/22/2009 37 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Fitch Group, Inc., Fimalac, and Hearst Ratings, Inc. as Corporate Parents. Document filed by Fitch, Inc..(Flumenbaum, Martin) (Entered: 07/22/2009)

09/15/2009 38 CONSOLIDATED AMENDED COMPLAINT against all defendants.Document filed by Public Employees' Retirement System of Mississippi, West Virginia Investment Management Board.(laq) (Entered: 09/17/2009)

11/12/2009 39 REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Morgan Stanley Mortgage Loan Trust 2006-4SL, Morgan Stanley Mortage Loan Trust 2006- 5AR, Morgan Stanley Mortage Loan Trust 2006-5ARW, Morgan Stanley Mortage Loan Trust 2006-6AR, Morgan Stanley Mortage Loan Trust 2006-8AR, Morgan Stanley Mortgage Loan Trust 2006-13ARX, Morgan Stanley Mortgage Loan Trust 2006-17XS, Morgan Stanley Mortgage Loan Trust 2007-2AX, Morgan Stanley Mortgage Loan Trust 2007-1XS, Morgan Stanley Mortgage Loan Trust 2007-3XS, Morgan Stanley Mortgage Loan Trust 20075AX, Morgan Stanley Mortgage Loan Trust 2007-4SL, Morgan Stanley Mortgage Loan Trust 2007-6XS, Morgan Stanley Mortgage Loan Trust 2007-7AX, Morgan Stanley Mortgage Loan Trust 2007-8XS, Morgan Stanley Mortgage Loan Trust 2007-9SL, Morgan Stanley Mortgage Loan Trust 2007-11AR, Morgan Stanley Mortgage Loan Trust 2007-10XS, Morgan Stanley Mortgage Loan Trust 2007-12, Morgan Stanley Mortgage Loan Trust 2007-13, Morgan Stanley Mortgage Loan Trust 2007-14AR, Morgan Stanley Mortgage Loan Trust 2007-15AR, Morgan Stanley Mortgage Loan Trust 2006-16AX, Morgan Stanley

Mortage Loan Trust 2006-7, Morgan Stanley Mortage Loan Trust 2006-9AR, Morgan Stanley Mortgage Loan Trust 2006-10SL, Morgan Stanley Mortgage Loan Trust 2006-11, Morgan Stanley Mortgage Loan Trust 2006-12XS, Morgan Stanley Mortgage Loan Trust 2006-13AX, Morgan Stanley Mortgage Loan Trust 2006-14SL, Morgan Stanley Mortgage Loan Trust 2006-15XS. Document filed by West Virginia Investment Management Board. (Rosenfeld, David) Modified on 11/13/2009 (dt). (Entered: 11/12/2009)

11/13/2009 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney David Rosenfeld Document 39 Notice of Voluntary Dismissal, was referred to Judge Laura Taylor Swain for approval. (dt) (Entered: 11/13/2009)

11/16/2009 40 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Anthony B. Tufariello, William J. Forsell, Steven S. Stern, Morgan Stanley Capital I Inc, David R. Warren, Morgan Stanley, Morgan Stanley Mortgage Capital Inc., Morgan Stanley & Co Incorporated.(Rouhandeh, James) (Entered: 11/16/2009)

11/16/2009 41 NOTICE OF APPEARANCE by James P. Rouhandeh on behalf of Anthony B. Tufariello, William J. Forsell, Steven S. Stern, Morgan Stanley Capital I Inc, David R. Warren, Morgan Stanley, Morgan Stanley Mortgage Capital Inc., Morgan Stanley & Co Incorporated (Rouhandeh, James) (Entered: 11/16/2009)

11/16/2009 42 NOTICE OF APPEARANCE by William Joseph Fenrich on behalf of Anthony B. Tufariello, William J. Forsell, Steven S. Stern, Morgan Stanley Capital I Inc, David R. Warren, Morgan Stanley, Morgan Stanley Mortgage Capital Inc., Morgan Stanley & Co Incorporated (Fenrich, William) (Entered: 11/16/2009)

11/16/2009 43 NOTICE OF APPEARANCE by Hayward Homes Smith on behalf of Anthony B. Tufariello, William J. Forsell, Steven S. Stern, Morgan Stanley Capital I Inc, David R. Warren, Morgan Stanley, Morgan Stanley Mortgage Capital Inc., Morgan Stanley & Co Incorporated (Smith, Hayward) (Entered: 11/16/2009)

11/16/2009 44 MOTION to Dismiss the Consolidated Amended Complaint . Document filed by Anthony B. Tufariello, William J. Forsell, Steven S. Stern, Morgan Stanley Capital I Inc, David R. Warren, Morgan Stanley, Morgan Stanley Mortgage Capital Inc., Morgan Stanley & Co Incorporated.(Rouhandeh, James) (Entered: 11/16/2009)

11/16/2009 45 MEMORANDUM OF LAW in Support re: 44 MOTION to Dismiss the Consolidated Amended Complaint .. Document filed by Anthony B. Tufariello, William J. Forsell, Steven S. Stern, Morgan Stanley Capital I Inc, David R. Warren, Morgan Stanley, Morgan Stanley Mortgage Capital Inc., Morgan Stanley & Co Incorporated. (Rouhandeh, James) (Entered: 11/16/2009)

11/16/2009 46 DECLARATION of JAMES P. ROUHANDEH in Support re: 44 MOTION to Dismiss the Consolidated Amended Complaint .. Document filed by Anthony B. Tufariello, William J. Forsell, Steven S. Stern, Morgan Stanley Capital I Inc, David R. Warren, Morgan Stanley, Morgan Stanley Mortgage Capital Inc., Morgan Stanley & Co Incorporated. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3, # 4 Exhibit A-4, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S)(Rouhandeh, James) (Entered: 11/16/2009)

11/17/2009 48 MOTION for Thomas E. Egler to Appear Pro Hac Vice. Document filed by West Virginia Investment Management Board.(dle) (Entered: 11/23/2009)

11/17/2009 49 MOTION for Matthew I. Alpert to Appear Pro Hac Vice. Document filed by West Virginia Investment Management Board.(dle) Modified on 11/23/2009 (dle). (Entered: 11/23/2009)

11/17/2009

50 MOTION for Nathan R. Lindell to Appear Pro Hac Vice. Document filed by West Virginia Investment Management Board.(dle) (Entered: 11/23/2009)

11/17/2009

11/17/2009

11/17/2009

51 MOTION for Scott Saham to Appear Pro Hac Vice. Document filed by West Virginia Investment Management Board.(dle) (Entered: 11/23/2009)

52 MOTION for Susan G. Taylor to Appear Pro Hac Vice. Document filed by West Virginia Investment Management Board.(dle) (Entered: 11/23/2009)

53 MOTION for Arthur C. Leahy to Appear Pro Hac Vice. Document filed by West i Virginia Investment Management Board.(dle) (Entered: 11/23/2009)

11/18/2009 47 LEAD PLAINTIFF'S NOTICE OF DISMISSAL OF TRUST DEFENDANTS: Pursuant to Rule 41(a)(l)(A)(i) of the F.R.C.P., Lead Plaintiff hereby notifies the Court that all claims against the 31 various Trusts listed on Exhibit A are hereby dismissed without prejudice, with each party bearing its own costs. (Signed by Judge Laura Taylor Swain on 11/13/2009) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(jpo) (Entered: 11/18/2009)

12/01/2009 CASHIERS OFFICE REMARK on 51 Motion to Appear Pro Hac Vice, 53 Motion to Appear Pro Hac Vice, 52 Motion to Appear Pro Hac Vice, 50 Motion to Appear Pro Hac Vice, 49 Motion to Appear Pro Hac Vice, 48 Motion to Appear Pro Hac Vice in the amount of $150.00, paid on 11/17/2009, Receipt Number 706348. (jd) (Entered: 12/01/2009)

12/02/2009 54 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 48 Motion for Thomas E. Egler to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 12/2/2009) (jfe) (Entered: 12/02/2009)

12/02/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 54 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe) (Entered: 12/02/2009)

12/02/2009 55 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 49 Motion for Matthew I. Alpert to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 12/2/2009) (jfe) (Entered: 12/02/2009)


12/02/2009 56 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 50 Motion for Nathan R. Lindell to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 12/2/2009) (jfe) (Entered: 12/02/2009)

12/02/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 56 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney

Information. (jfe) (Entered: 12/02/2009)

12/02/2009 57 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 51 Motion for Scott Saham to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 12/2/2009) (jfe) (Entered: 12/02/2009)


12/02/2009 58 ORDER FOR ADMISSION PRO HACE VICE ON WRITTEN MOTION: granting 52 Motion for Susan G. Taylor to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 12/2/2009) (jfe) (Entered: 12/02/2009)


12/02/2009 59 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 53 Motion for Arthur C. Leahy to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 12/2/2009) (jfe) (Entered: 12/02/2009)


12/04/2009 60 ENDORSED LETTER addressed to Judge Laura Taylor Swain from James P. Rouhandeh dated 12/4/2009 re: Requesting that the Court adjourn the December 11, 2009 conference date until after all papers have been submitted on February 1, 2010. ENDORSEMENT: The conference is adjourned to April 15, 2010 at 3:00 p.m. (Signed by Judge Laura Taylor Swain on 12/4/2009) (jpo) (Entered: 12/04/2009)

12/28/2009 61 MEMORANDUM OF LAW in Opposition re: 44 MOTION to Dismiss the Consolidated Amended Complaint .. Document filed by West Virginia Investment Management Board. (Egler, Thomas) (Entered: 12/28/2009)

12/28/2009 62 DECLARATION of Thomas E. Egler in Opposition re: 44 MOTION to Dismiss the Consolidated Amended Complaint .. Document filed by West Virginia Investment Management Board. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Egler, Thomas) (Entered: 12/28/2009)

01/27/2010 63 REPLY MEMORANDUM OF LAW in Support re: 44 MOTION to Dismiss the Consolidated Amended Complaint .. Document filed by Anthony B. Tufariello, William J. Forsell, Steven S. Stern, Morgan Stanley Capital I Inc, David R. Warren, Morgan Stanley, Morgan Stanley Mortgage Capital Inc., Morgan Stanley & Co Incorporated. (Rouhandeh, James) (Entered: 01/27/2010)

02/05/2010 64 LETTER addressed to Judge Laura T. Swain from James P. Rouhandeh dated 2/3/10 re: I write on behalf of defendants to notify the Court of Judge Cedarbaum's decision last week in 08-cv-10783, another putative class action asserting Securities Act claims with respect to mortgage pass-through certificates. Document filed by Moody's Corp., Anthony B. Tufariello, William J. Forsell, Valerie H. Kay, Steven S. Stern, Morgan Stanley, Morgan Stanley Mortgage Capital Inc., Morgan Stanley Dean Witter Capital I Inc, Morgan Stanley & Co Incorporated, MCGraw-Hill Companies Inc.(mro)

(Entered: 02/08/2010)

03/05/2010 65 NOTICE of Notice of Recent Authority re: 61 Memorandum of Law in Opposition to Motion. Document filed by West Virginia Investment Management Board. (Attachments: # 1 Exhibit A-In re Lehman Bros. Sec.)(Egler, Thomas) (Entered: 03/05/2010)

03/15/2010 66 NOTICE of Recent Authority re: 61 Memorandum of Law in Opposition to Motion. Document filed by West Virginia Investment Management Board. (Attachments: # 1 Exhibit A-Tsereteli v. Residential Asset Securitization Trust)(Egler, Thomas) (Entered: 03/15/2010)

03/22/2010

04/13/2010

05/13/2010

67 NOTICE of Firm Name Change. Document filed by West Virginia Investment Management Board. (Egler, Thomas) (Entered: 03/22/2010)

68 ORDER: In light of the pending motion to dismiss in the above-captioned matter, the initial pre-trial conference scheduled for Thursday, April 15, 2010, at 3:00 p.m. is hereby rescheduled for Friday, July 9, 2010, at 2:30 p.m. in Courtroom 11C. The associated deadlines as set in the Court's April 2, 2009, Initial Conference Order, are modified accordingly. (Signed by Judge Laura Taylor Swain on 4/13/2010) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(jfe) (Entered: 04/13/2010)

69 MOTION for Mark W. Carbone to Appear Pro Hac Vice. Document filed by West Virginia Investment Management Board.(mro) (Entered: 05/14/2010)

05/18/2010 70 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 69 Motion for Mark W. Carbone to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 5/14/2010) (jfe) (Entered: 05/18/2010)

05/18/2010

07/02/2010

CASHIERS OFFICE REMARK on 69 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/13/2010, Receipt Number 904078. (jd) (Entered: 05/18/2010)

71 ORDER. In light of the pending motion to dismiss in the above-captioned matter, the initial pre-trial conference scheduled for Friday, July 9, 2010, is hereby rescheduled for Thursday, September 16, 2010, at 12:30 p.m. in Courtroom 11C. The associated deadlines as set in the Court's April 2, 2009, Initial Conference Order, are modified accordingly. The parties will be informed if the Court desires oral argument on the pending motion to dismiss. (Initial Pre-Trial Conference set for 9/16/2010 at 12:30 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 7/1/10) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(rjm) (Entered: 07/02/2010)

07/28/2010 72 NOTICE of of Recent Authority re: 61 Memorandum of Law in Opposition to Motion. Document filed by West Virginia Investment Management Board. (Attachments: # 1 Exhibit A-Residential Capital, # 2 Exhibit B-Merrill Lynch, # 3 Exhibit C-Royal Bank, # 4 Exhibit D-DLJ, # 5 Exhibit E-IndyMac)(Lindell, Nathan) (Entered: 07/28/2010)

08/03/2010 73 NOTICE of of Recent Authority re: 61 Memorandum of Law in Opposition to Motion. Document filed by West Virginia Investment Management Board. (Attachments: # 1 Exhibit A-In re Citigroup Bond)(Lindell, Nathan) (Entered: 08/03/2010)

08/12/2010 74 MOTION to Intervene. Document filed by Police and Fire Retirement System of the City of Detroit.(Zwerling, Robin) (Entered: 08/12/2010)

08/12/2010 75 MEMORANDUM OF LAW in Support re: 74 MOTION to Intervene.. Document filed by Police and Fire Retirement System of the City of Detroit. (Zwerling, Robin) (Entered: 08/12/2010)

08/12/2010 76 DECLARATION of Robin F. Zwerling in Support re: 74 MOTION to Intervene.. Document filed by Police and Fire Retirement System of the City of Detroit. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zwerling, Robin) (Entered: 08/12/2010)

08/12/2010

08/12/2010

08/13/2010

08/17/2010

77 CERTIFICATE OF SERVICE. Document filed by Police and Fire Retirement System of the City of Detroit. (Zwerling, Robin) (Entered: 08/12/2010)

78 NOTICE OF APPEARANCE by Robin F. Zwerling on behalf of Police and Fire Retirement System of the City of Detroit (Zwerling, Robin) (Entered: 08/12/2010)

79 RESPONSE re: 72 Notice (Other), Notice (Other), 73 Notice (Other) to Plaintiff's Notices of Recent Authority Dated July 28, 2010 and August 3, 2010 . Document filed by William J. Forsell, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Steven S. Stern, Anthony B. Tufariello, David R. Warren, Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley. (Rouhandeh, James) (Entered: 08/13/2010)

80 ORDER: It is hereby ORDERED, that the above-referenced motion is hereby TERMINATED for purposes of the Court's docket, without prejudice to reinstatement upon application, upon notice to adverse parties and accompanied by the requisite certification; it is further ORDERED, that no response to the motion is required unless a reinstatement application is granted, in which case the time to respond of any adverse party will be calculated from the date of service of the order of reinstatement and in accordance with Local Civil Rule 6.1 of the United States District Court for the Southern District of New York. (Signed by Judge Laura Taylor Swain on 8/16/2010) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(jpo) (Entered: 08/17/2010)

08/17/2010 81 MEMORANDUM OPINION AND ORDER: #99313 Defendants' motion pursuant to Federal Rule of Civil Procedure 12(b)(I) isdenied as to Lead Plaintiff's claims pursuant to Sections 11, 12 and 15 insofar as they relate tothe 2007-11AR trust, and as to plaintiff PERS' claims pursuant to Sections 11 and 15 insofar asthey relate to the 2006- 14SL trust, and is granted in all other respects.Defendants' motion pursuant to Federal Rule of Civil Procedure 12(b)(6) isgranted, with prejudice, as to Lead Plaintiff WVIMB's claims relating to the 2007-11AR trust.Defendants' motion pursuant to Federal Rule of Civil Procedure 12(b)(6) is denied, withoutprejudice to renewal, as to plaintiff PERS' claims pursuant to Sections 11 and 15 relating to the2006-14SL trust.Plaintiffs are granted leave to amend the CAC, to demonstrate PERS' standing with respect to any of the claims that have been dismissed pursuant to Rule l2(b)(I) and to augment and clarify the pleading of the claims asserted by PERS. Any such amendment to the CAC must be filed by September 10, 2010. If no such amendment is timely filed, Defendants' motion may be reinstated, on written request, as against the remaining aspects of the existing CAC. This memorandum opinion and order resolves docket entry no. 44. (Signed by Judge Laura Taylor Swain on 8/17/2010) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(jpo) Modified on 8/19/2010 (ajc). (Entered: 08/17/2010)

09/07/2010 82 MOTION Application to Modify the Lead Plaintiff Order. Document filed by Public

09/08/2010

09/10/2010

09/13/2010

09/27/2010

09/28/2010

Employees' Retirement System of Mississippi, West Virginia Investment Management Board.(Leahy, Arthur) (Entered: 09/07/2010)

83 MEMO ENDORSEMENT on [3 in 1:10-cv-05823-LTS] APPLICATION FOR RELIEF IN PART FROM THE ORDER CONSOLIDATING CASES, APPOINTING LEAD PLAINTIFF AND APPROVING SELECTION OF LEAD COUNSEL, ENTERED JULY 17, 2009. ENDORSEMENT: Pending further order of the Court, Civil Action 10-5823 is not subject to the 7/17/2009 Order Consolidating Cases, Appointing Lead Plaintiff and Approving Selection of Lead Counsel. (Signed by Judge Laura Taylor Swain on 9/7/2010) (tro) (Entered: 09/09/2010)

84 SECOND AMENDED COMPLAINT against William J. Forsell, Morgan Stanley, Morgan Stanley Mortgage Capital Inc., Steven S. Stern, Anthony B. Tufariello, David R. Warren, MS&Co., Morgan Stanley Capital.Document filed by Public Employees' Retirement System of Mississippi, Pompano Beach Police and Firefighters' Retirement System, Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Members United Corporate Federal Credit Union, United Western Bank. (Attachments: # 1 part 2)(mro) (Entered: 09/13/2010)

85 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Arthur C. Leahy dated 9/13/10 re: The parties believe it would not be productive to have a pre-trial conference before the Court decides the upcoming motion to dismiss, and respectfully requests that the conference be continued. ENDORSEMENT: The conference is adjourned to December 10, 2010 at 2:30 p.m. ( Pretrial Conference set for 12/10/2010 at 02:30 PM before Judge Loretta A. Preska.) (Signed by Judge Loretta A. Preska on 9/13/10) (djc) (Entered: 09/14/2010)

86 STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS THE SECOND AMENDED COMPLAINT. Defendants shall serve and file a motion to dismiss the Second Amended Complaint no later than October 11, 2010; Opposition papers shall be served and filed no later than November 5, 2010; and any reply papers shall be served and filed no later than November 23, 2010. (Motion to Dismiss due by 10/11/2010. Responses due by 11/5/2010. Replies due by 11/23/2010.) (Signed by Judge Laura Taylor Swain on 9/27/10) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(rjm) (Entered: 09/28/2010)

87 MEMO ENDORSED granting re: (82 in 1:09-cv-02137-LTS) MOTION Application to Modify the Lead Plaintiff Order in case 1:09-cv-02137-LTS. The written unopposed application is granted insofar as it seeks the appointment of MissPERS as Co-Lead plaintiff the appointment of Bernstein Litowitz as co-lead counsel. New Lead Plaintiff must shoe cause in writing, no later than October 15, 2010, as why Bernstein Litowitz should not be sole lead counsel (or in other words, why a co-lead counsel is necessary and efficient). This resolves docket entry #82. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/27/2010) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(jmi) Modified on 9/29/2010 (jmi). (Entered: 09/29/2010)

10/11/2010 88 MOTION to Dismiss The Second Amended Complaint . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren.(Rouhandeh, James) (Entered: 10/11/2010)

10/11/2010 89 MEMORANDUM OF LAW in Support re: 88 MOTION to Dismiss The Second Amended Complaint .. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 10/11/2010)

10/11/2010 90 DECLARATION of James P. Rouhandeh in Support re: 88 MOTION to Dismiss The Second Amended Complaint .. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V)(Rouhandeh, James) (Entered: 10/11/2010)

10/12/2010 91 NOTICE of Appendix A re: 89 Memorandum of Law in Support of Motion,. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 10/12/2010)

10/15/2010 92 RESPONSE in Support re: 82 MOTION Application to Modify the Lead Plaintiff Order. Lead Plaintiff's Response to Order to Show Cause Dated September 27, 2010 . Document filed by Public Employees' Retirement System of Mississippi. (Stickney, David) (Entered: 10/15/2010)

10/20/2010 93 MOTION for Entry of Judgment under Rule 54(b) Co-Lead Plaintiff West Virginia Investment Management Board's Request for Entry of Final Judgment Pursuant to Rule 54(b) . Document filed by West Virginia Investment Management Board.(Leahy, Arthur) (Entered: 10/20/2010)

10/21/2010

11/01/2010

94 ORDER: The Court has reviewed thoroughly Lead Plaintiff Public Employees Retirement System of Mississippi's ("MissPERS") October 15, 2010, memorandum in response to the Court's September 27, 2010, order to show cause. MissPERS' application for the continuation of Robbins Geller Rudman & Dowd LLP as Co-Lead Counsel together with Bernstein Litowitz Berger & Grossman LLP is granted. Plaintiffs and Co-Lead Counsel are cautioned that they will be held strictly to their undertaking to work efficiently and avoid any duplication of effort. (Signed by Judge Laura Taylor Swain on 10/21/2010) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(jfe) (Entered: 10/21/2010)

95 NOTICE of Withdrawal. Document filed by Members United Corporate Federal Credit Union. (Leahy, Arthur) (Entered: 11/01/2010)

11/04/2010 99 MOTION for Ryan A. Llorens to Appear Pro Hac Vice. Document filed by Carpenters Pension Fund of West Virginia, Members United Corporate Federal Credit Union, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, United Western Bank, West Virginia Investment Management Board.(mro) (Entered: 11/08/2010)

11/05/2010 96 MEMORANDUM OF LAW in Opposition re: 93 MOTION for Entry of Judgment under Rule 54(b) Co-Lead Plaintiff West Virginia Investment Management Board's

Request for Entry of Final Judgment Pursuant to Rule 54(b) . MOTION for Entry of Judgment under Rule 54(b) Co-Lead Plaintiff West Virginia Investment Management Board's Request for Entry of Final Judgment Pursuant to Rule 54(b) .. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc., Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 11/05/2010)

11/05/2010 97 MEMORANDUM OF LAW in Opposition re: 88 MOTION to Dismiss The Second Amended Complaint .. Document filed by Public Employees' Retirement System of Mississippi. (Attachments: # 1 Certificate of Service)(Stickney, David) (Entered: 11/05/2010)

11/05/2010 98 DECLARATION of Timothy A. DeLange in Opposition re: 88 MOTION to Dismiss The Second Amended Complaint .. Document filed by Public Employees' Retirement System of Mississippi. (Stickney, David) (Entered: 11/05/2010)

11/15/2010 100 REPLY MEMORANDUM OF LAW in Support re: 93 MOTION for Entry of Judgment under Rule 54(b) Co-Lead Plaintiff West Virginia Investment Management Board's Request for Entry of Final Judgment Pursuant to Rule 54(b) . MOTION for Entry of Judgment under Rule 54(b) Co-Lead Plaintiff West Virginia Investment Management Board's Request for Entry of Final Judgment Pursuant to Rule 54(b) .. Document filed by West Virginia Investment Management Board. (Leahy, Arthur) (Entered: 11/15/2010)

11/15/2010 101 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. ORDER granting 99 Motion for Ryan A. Llorens to Appear Pro Hac Vice for Carpenters Pension Fund of West Virginia, Members United Corporate Federal Credit Union, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, United Western Bank, West Virginia Investment Management Board. (Signed by Judge Laura Taylor Swain on 11/15/10) (db) (Entered: 11/15/2010)

11/22/2010 102 MEMORANDUM ORDER: For reasons further set forth in said Order, Co-Lead Plaintiff West Virginia Investment Management Board's 93 motion requesting certification and entry of final judgment tinder Federal Rule of Civil Procedure 54(b) is denied. This order resolves docket entry no. 93. ORDER denying (93) Motion for Entry of Judgment under Rule 54(b) in case 1:09-cv-02137-LTS. (Signed by Judge Laura Taylor Swain on 11/22/10) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(db) (Entered: 11/23/2010)

11/23/2010 103 REPLY MEMORANDUM OF LAW in Support re: (88 in 1:09-cv-02137-LTS) MOTION to Dismiss The Second Amended Complaint .. Document filed by William J. Forsell, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley, Steven S. Stern, Anthony B. Tufariello, David R. Warren. Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09- cv-04414-LTS(Rouhandeh, James) (Entered: 11/23/2010)

12/08/2010 104 ORDER: The Court will hear oral argument on Defendants' motion to dismiss the Second Amended Complaint in the above-captioned matter on Tuesday, January 25, 2011, at 11:00 a.m. in Courtroom 11C. Defendants and Co-Lead Plaintiff Public Employees' Retirement System of Mississippi's ("MissPERS") will each be allotted fifteen (15) minutes for argument. In light of the pending motion to dismiss, the

12/09/2010

01/14/2011 105

conference scheduled for Friday, December 10, 2010, is adjourned sine die.( Oral Argument set for 1/25/2011 at 11:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 12/8/10) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414- LTS(mro) (Entered: 12/08/2010)

CASHIERS OFFICE REMARK on 99 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 11/04/2010, Receipt Number 920377. (jd) (Entered: 12/09/2010)

NOTICE of Recent Authorities re: 97 Memorandum of Law in Opposition to Motion. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, United Western Bank. (Attachments: # 1 Exhibit A, # 2 Exhibit B pt 1, # 3 Exhibit B pt 2, # 4 Exhibit B pt 3, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Leahy, Arthur) (Entered: 01/14/2011)

01/24/2011 106 NOTICE of Defendants Notice of Recent Authorities and Responses to Plaintiffs 1/14/11 Notice of Same. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc., Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Rouhandeh, James) (Entered: 01/24/2011)

01/31/2011 107 NOTICE of DEFENDANTS' SUBMISSION REGARDING RATINGS. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rouhandeh, James) (Entered: 01/31/2011)

01/31/2011 108 NOTICE of Plaintiffs' Submission Concerning Definitions of Credit Ratings. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, United Western Bank. (Attachments: # 1 Certificate of Service)(DeLange, Timothy) (Entered: 01/31/2011)

02/08/2011 109 TRANSCRIPT of proceedings held on 1/25/2011 before Judge Laura Taylor Swain. (ab) (Entered: 02/08/2011)

03/04/2011 110 NOTICE of Recent Authority re: 97 Memorandum of Law in Opposition to Motion. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, United Western Bank. (Attachments: # 1 Exhibit A)(Leahy, Arthur) (Entered: 03/04/2011)

03/10/2011

03/17/2011

111 RESPONSE re: (110 in 1:09-cv-02137-LTS) Notice (Other), Notice (Other). Document filed by Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren, William J. Forsell. Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(Rouhandeh, James) (Entered: 03/10/2011)

112 MOTION for Ivy T. Ngo to Appear Pro Hac Vice. Document filed by Carpenters Pension Fund of West Virginia, Members United Corporate Federal Credit Union,

NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, United Western Bank.(mro) (Entered: 03/21/2011)

03/21/2011 113 NOTICE of RECENT AUTHORITY. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Attachments: # 1 Exhibit A)(Rouhandeh, James) (Entered: 03/21/2011)

03/24/2011 114 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Granting 112 Motion for Ivy T. Ngo to Appear Pro Hac Vice.(Signed by Judge Laura Taylor Swain on 3/24/2011) (mbe) (Entered: 03/25/2011)

03/28/2011 115 RESPONSE re: 113 Notice (Other), Notice (Other) to Defendants' Notice of Recent Authority . Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, United Western Bank. (Leahy, Arthur) (Entered: 03/28/2011)

03/29/2011 CASHIERS OFFICE REMARK on 112 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 03/17/2011, Receipt Number 932054. (jd) (Entered: 03/29/2011)

03/30/2011 118 MOTION for Jonah H. Goldstein to Appear Pro Hac Vice. Document filed by Carpenters Pension Fund of West Virginia, Members United Corporate Federal Credit Union, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, United Western Bank.(mbe) (Entered: 04/06/2011)

04/05/2011 116 NOTICE of Recent Authorities re: 97 Memorandum of Law in Opposition to Motion. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, United Western Bank. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Leahy, Arthur) (Entered: 04/05/2011)

04/06/2011 117 NOTICE of Errata to Plaintiffs' April 5, 2011 Notice of Recent Authorities re: 116 Notice (Other), Notice (Other). Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, United Western Bank. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Leahy, Arthur) (Entered: 04/06/2011)

04/08/2011 119 RESPONSE re: 116 Notice (Other), Notice (Other), 115 Response, Defendants' Response to Plaintiffs' Submissions Regarding Recent Authorities . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 04/08/2011)

04/11/2011 120 ORDER granting 118 Motion for Jonah H. Goldstein to Appear Pro Hac Vice for Carpenters Pension Fund of West Virginia, Members United Corporate Federal Credit Union, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and

Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, United Western Bank. (Signed by Judge Laura Taylor Swain on 4/11/11) (jmi) (Entered: 04/12/2011)

04/13/2011 CASHIERS OFFICE REMARK on 118 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 03/30/2011, Receipt Number 933391. (jd) (Entered: 04/13/2011)

04/15/2011 121 NOTICE of Recent Authority. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Attachments: # 1 Exhibit A)(Rouhandeh, James) (Entered: 04/15/2011)


05/19/2011 123 RESPONSE re: 122 Notice (Other), Notice (Other) DEFENDANTS RESPONSE TO PLAINTIFFS MAY 11, 2011 NOTICE OF RECENT AUTHORITY . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 05/19/2011)

06/29/2011 124 NOTICE of RECENT AUTHORITY. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Attachments: # 1 Exhibit A)(Rouhandeh, James) (Entered: 06/29/2011)

07/05/2011 125 NOTICE of Plaintiffs' Response to Defendants' Notice of Recent Authority Filed June 29, 2011 re: 124 Notice (Other), Notice (Other). Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, United Western Bank. (Leahy, Arthur) (Entered: 07/05/2011)

07/13/2011 126 RESPONSE re: 125 Notice (Other), Notice (Other) Plaintiffs' July 5, 2011 Response to Defendants' June 29, 2011 Notice of Recent Authority . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 07/13/2011)


09/14/2011 128 RESPONSE re: 127 Notice (Other), Notice (Other). Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B.

09/15/2011 129

Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 09/14/2011)

Vacated as per Judges Order dated 5/27/2014, Doc. # 284 OPINION AND ORDER: #100782 re: (88 in 1:09-cv-02137-LTS) MOTION to Dismiss The Second Amended Complaint . filed by Morgan Stanley, David R. Warren, Morgan Stanley & Co Incorporated, Anthony B. Tufariello, Steven S. Stern, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, William J. Forsell. Motions terminated: (88 in 1:09-cv-02137-LTS) MOTION to Dismiss The Second Amended Complaint . filed by Morgan Stanley, David R. Warren, Morgan Stanley & Co Incorporated, Anthony B. Tufariello, Steven S. Stern, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, William J. Forsell. Defendants' motion to dismiss the SAC pursuant to Federal Rule of Civil Procedure 12(b)(6) is granted with respect to Plaintiffs' failure to allege sufficiently compliance with the timing requirements of section 13 and Plaintiffs' rating-related allegations, and is denied in all other respects. Plaintiffs' request for leave to replead is granted as to the sufficiency of their allegations with respect to compliance with the Section 13 timing requirements and as to their rating-related allegations. Any further amended complaint must be filed by September 30, 2011. Failure to file timely a further amended complaint will result in the dismissal of this action with prejudice, and without further advance noticed to Plaintiffs. This memorandum opinion and order resolves docket entry no. 88. An initial pretrial conference will be held in this matter on October 28, 2011, at 12:15 p.m. The parties' attention is directed to the Court's April 2, 2009, Initial Conference Order provisions regarding consultation and submissions in preparation for the initial pretrial conference. ( Amended Pleadings due by 9/30/2011, Initial Conference set for 10/28/2011 at 12:15 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 9/15/2011) Filed In Associated Cases: 1:09- cv-02137-LTS, 1:09-cv-04414-LTS(djc) Modified on 9/16/2011 (jab). Modified on 5/28/2014 (rjm). (Entered: 09/15/2011)

09/20/2011 130 ORDER GRANTING THE FDIC'S UNOPPOSED MOTION TO SUBSTITUTE AS A PLAINTIFF: FDIC's Unopposed Motion to Substitute as a plaintiff is GRANTED. It is further ordered that the FDIC, as receiver for United Western Bank, be substituted in place of United Western Bank as a plaintiff in this action. (Signed by Judge Laura Taylor Swain on 9/20/2011) (ft) (Entered: 09/20/2011)

09/27/2011 131 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) All Parties. Document filed by FDIC. (Grais, David) Modified on 9/28/2011 (ml). (Entered: 09/27/2011)

09/28/2011 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney David Grais Document 131 Notice of Voluntary Dismissal, was referred to Judge Laura Taylor Swain for approval. (ml) (Entered: 09/28/2011)

09/29/2011 132 MOTION for Reargument of the September 15, 2011 opinion and order that the American Pipe tolling doctrine applies to new plaintiffs claims ., MOTION for Reconsideration of the September 15, 2011 opinion and order that the American Pipe tolling doctrine applies to new plaintiffs claims . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc,

Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren.(Rouhandeh, James) (Entered: 09/29/2011)

09/29/2011 133 MEMORANDUM OF LAW in Support re: 132 MOTION for Reargument of the September 15, 2011 opinion and order that the American Pipe tolling doctrine applies to new plaintiffs claims . MOTION for Reconsideration of the September 15, 2011 opinion and order that the American Pipe tolling doctrine applies to new plaintiffs claims . MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS MOTION FOR

09/30/2011

10/05/2011

RECONSIDERATION AND REARGUMENT . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 09/29/2011)

134

THIRD AMENDED COMPLAINT amending 84 Amended Complaint,, against William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital, Morgan Stanley Mortgage Capital Inc., Steven S. Stern, Anthony B. Tufariello, David R. Warren.Document filed by NECA-IBEW Health and Welfare Fund, Public Employees' Retirement System of Mississippi, Carpenters Pension Fund of West Virginia, Pompano Beach Police and Firefighters' Retirement System. Related document: 84 Amended Complaint,, filed by United Western Bank, Carpenters Pension Fund of West Virginia, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, NECA-IBEW Health and Welfare Fund, Members United Corporate Federal Credit Union. ***Thi s document relates to: All Actions. (Attachments: # 1 part 2)(mro) (Entered: 10/03/2011)

135 THE FDIC'S NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a): Pursuant to Federal Rule ofCivil Procedure 4l(a)(1)(A)(i), plaintiff, the Federal Deposit Insurance Corporation as receiver for United Western Bank, hereby notifies the Court and the parties that it is dismissing without prejudice all of its claims. Dismissal pursuant to Rule 41(a)(l)(A)(i) is permissible, as no party has yet served an answer or a motion for summary judgment. WHEREFORE, plaintiff, the Federal Deposit Insurance Corporation as receiver for United Western Bank, hereby dismisses its claims without prejudice. (Signed by Judge Laura Taylor Swain on 10/4/2011) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(mro) (Entered: 10/05/2011)

10/17/2011 136 NOTICE of Motion to Dismiss the Third Amended Complaint. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 10/17/2011)

10/17/2011 137 MEMORANDUM OF LAW in Opposition re: 132 MOTION for Reargument of the September 15, 2011 opinion and order that the American Pipe tolling doctrine applies to new plaintiffs claims . MOTION for Reconsideration of the September 15, 2011 opinion and order that the American Pipe tolling doctrine applies to new plaintiffs claims .. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Llorens, Ryan) (Entered: 10/17/2011)

10/17/2011 138 MOTION to Dismiss the Third Amended Complaint . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren.(Rouhandeh, James) (Entered: 10/17/2011)

10/17/2011 139 MEMORANDUM OF LAW in Support re: 138 MOTION to Dismiss the Third Amended Complaint .. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 10/17/2011)

10/17/2011 140 DECLARATION of James P. Rouhandeh in Support re: 138 MOTION to Dismiss the Third Amended Complaint .. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (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, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42)(Rouhandeh, James) (Entered: 10/17/2011)

10/19/2011 141 ORDER: 10/28/2011 Conference reset for 2/17/2012 at 10:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 10/19/2011) (cd) (Entered: 10/19/2011)

10/27/2011 142 REPLY MEMORANDUM OF LAW in Support re: 132 MOTION for Reargument of the September 15, 2011 opinion and order that the American Pipe tolling doctrine applies to new plaintiffs claims . MOTION for Reconsideration of the September 15, 2011 opinion and order that the American Pipe tolling doctrine applies to new plaintiffs claims .. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 10/27/2011)

11/03/2011 143 MEMORANDUM OF LAW in Opposition re: 138 MOTION to Dismiss the Third Amended Complaint .. Document filed by Public Employees' Retirement System of Mississippi. (DeLange, Timothy) (Entered: 11/03/2011)

11/14/2011 144 REPLY MEMORANDUM OF LAW in Support re: 138 MOTION to Dismiss the Third Amended Complaint .. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 11/14/2011)

02/09/2012 145 ENDORSED LETTER addressed to Judge Laura Taylor Swain from James P. Rouhandeh dated 2/6/12 re: Counsel for the defendants request that the conference scheduled for 2/17/12 be postponed. ENDORSEMENT: The request to adjourn the initial conference pending resolution of the motion to dismiss the Third Amended

Complaint is granted. (Signed by Judge Laura Taylor Swain on 2/8/2012) (mro) Modified on 2/10/2012 (mro). (Entered: 02/09/2012)

02/09/2012 146 Letter addressed to Judge Laura Taylor Swain from James P. Rouhandeh dated 2/2/12 re: Counsel for the defendants request that the Court adjourn the initial pretrial conference scheduled for 2/17/12. (mro) (Entered: 02/09/2012)

02/09/2012 147 Letter addressed to Judge Laura Taylor Swain from David R. Stickney dated 2/3/12 re: Counsel for the Lead Plaintiff submits that maintaining the conference as scheduled will be productive and promote efficiency and effective case management going forward. Document filed by the Lead Plaintiff.(mro) (Entered: 02/09/2012)

04/24/2012 148 MEMORANDUM ORDER denying (132) Motion for Reargument ; denying (132) Motion for Reconsideration in case 1:09-cv-02137-LTS. For the foregoing reasons, Defendants' motion for reconsideration is denied. This Memorandum Order resolves docket entry no. 132. (Signed by Judge Laura Taylor Swain on 4/24/2012) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(mro) (Entered: 04/24/2012)

07/16/2012

07/16/2012

149 MEMORANDUM ORDER: denying (138) Motion to Dismiss in case 1:09-cv-02137- LTS; denying [] Motion to Dismiss in case 1:09-cv-04414-LTS. Accordingly, the Court finds that the TAC adequately pleads compliance with the statute of limitations and that the claims are timely. For the foregoing reasons, Defendants motion to dismiss the TAC is denied. This Memorandum Order terminates docket entry no. 138. An initial pre-trial conference is scheduled for August 14, 2012 at 3:30 pm. (Signed by Judge Laura Taylor Swain on 7/16/2012) Filed In Associated Cases: 1:09-cv-02137- LTS, 1:09-cv-04414-LTS(jfe) (Entered: 07/16/2012)

Set/Reset Hearings: Initial Conference set for 8/14/2012 at 03:30 PM before Judge Laura Taylor Swain. Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(jfe) (Entered: 07/16/2012)

07/27/2012 150

07/27/2012 151

MOTION to Stay pending the outcome of the pending appeals before the Second Circuit in In re IndyMac Mortgage-Backed Securities Litigation, Nos. 11-2998-cv (L), 11-3036-cv (con) (2d Cir. July 21, 2011) and Citigroup Inc. v. International Fund Management S.A., No. 12-1903 (2d Cir. May 9, 2012) . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren.(Rouhandeh, James) (Entered: 07/27/2012)

MEMORANDUM OF LAW in Support re: 150 MOTION to Stay pending the outcome of the pending appeals before the Second Circuit in In re IndyMac Mortgage-Backed Securities Litigation, Nos. 11-2998-cv (L), 11-3036-cv (con) (2d Cir. July 21, 2011) and Citigroup Inc. v. International Fund Manag MOTION to Stay pending the outcome of the pending appeals before the Second Circuit in In re IndyMac Mortgage-Backed Securities Litigation, Nos. 11-2998-cv (L), 11-3036-cv (con) (2d Cir. July 21, 2011) and Citigroup Inc. v. International Fund Manag MOTION to Stay pending the outcome of the pending appeals before the Second Circuit in In re IndyMac Mortgage-Backed Securities Litigation, Nos. 11-2998-cv (L), 11-3036-cv (con) (2d Cir. July 21, 2011) and Citigroup Inc. v. International Fund Manag. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern,

Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 07/27/2012)

08/03/2012 152 ENDORSED LETTER addressed to Judge Laura Taylor Swain from James P. Rouhandeh dated 7/26/2012 re: I submit this letter on behalf of all defendants in this matter to respectfully request that the Court (i) extend the time for defendants to answer the third amended complaint ("TAC") by thirty days and (ii) adjourn the pretrial conference presently scheduled for August 14, 2012. Plaintiffs consent to defendants' request for an extension of time to answer the TAC, but do not consent to defendants' request for an adjournment of the August 14, 2012 conference. Defendants seek an extension of their time to answer by thirty days, or until August 29, 2012. ENDORSEMENT: The requested extension of time to answer is granted. The request to adjourn the August 14th conference is denied. However, the parties' pre-conference submission should principally address the scope and feasibility of discovery concerning the plaintiffs, certificates and finds as to which there are no statute of limitations/repose issues., William J. Forsell answer due 8/29/2012; Morgan Stanley answer due 8/29/2012; Morgan Stanley & Co Incorporated answer due 8/29/2012; Morgan Stanley Capital answer due 8/29/2012; Morgan Stanley Mortgage Capital Inc. answer due 8/29/2012; Steven S. Stern answer due 8/29/2012; Anthony B. Tufariello answer due 8/29/2012. (Signed by Judge Laura Taylor Swain on 8/3/2012) (lmb) (Entered: 08/03/2012)

08/08/2012 153 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Preconference Statement. Document filed by Public Employees' Retirement System of Mississippi. (Stickney, David) Modified on 8/9/2012 (ldi). (Entered: 08/08/2012)

08/08/2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney David R. Stickney to RE-FILE Document 153 Notice (Other). Use the event type Pre-Conference Statement found under the event list Other Documents. (ldi) (Entered: 08/09/2012)

08/09/2012 154 JOINT PRE-CONFERENCE STATEMENT. Document filed by Public Employees' Retirement System of Mississippi.(Stickney, David) (Entered: 08/09/2012)

08/10/2012 155 MEMORANDUM OF LAW in Opposition re: 150 MOTION to Stay pending the outcome of the pending appeals before the Second Circuit in In re IndyMac Mortgage-Backed Securities Litigation, Nos. 11-2998-cv (L), 11-3036-cv (con) (2d Cir. July 21, 2011) and Citigroup Inc. v. International Fund Manag MOTION to Stay pending the outcome of the pending appeals before the Second Circuit in In re IndyMac Mortgage-Backed Securities Litigation, Nos. 11-2998-cv (L), 11-3036-cv (con) (2d Cir. July 21, 2011) and Citigroup Inc. v. International Fund Manag MOTION to Stay pending the outcome of the pending appeals before the Second Circuit in In re IndyMac Mortgage-Backed Securities Litigation, Nos. 11-2998-cv (L), 11-3036-cv (con) (2d Cir. July 21, 2011) and Citigroup Inc. v. International Fund Manag. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Stickney, David) (Entered: 08/10/2012)

08/14/2012 Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Pretrial Conference held on 8/14/2012. IPTC held. Next PTC is scheduled for 11/30/2012 at 2:00 pm as a control date. ( Initial Conference set for 11/30/2012 at 02:00 PM before Judge Laura Taylor Swain.). (jfe) (Entered: 08/17/2012)

08/17/2012 156 NOTICE of Recent Authority re: 155 Memorandum of Law in Opposition to Motion,,,,. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Attachments: # 1 Exhibit A)(Llorens, Ryan) (Entered: 08/17/2012)

08/20/2012 157 REPLY MEMORANDUM OF LAW in Support re: 150 MOTION to Stay pending the outcome of the pending appeals before the Second Circuit in In re IndyMac Mortgage-Backed Securities Litigation, Nos. 11-2998-cv (L), 11-3036-cv (con) (2d Cir. July 21, 2011) and Citigroup Inc. v. International Fund Manag MOTION to Stay pending the outcome of the pending appeals before the Second Circuit in In re IndyMac Mortgage-Backed Securities Litigation, Nos. 11-2998-cv (L), 11-3036-cv (con) (2d Cir. July 21, 2011) and Citigroup Inc. v. International Fund Manag MOTION to Stay pending the outcome of the pending appeals before the Second Circuit in In re IndyMac Mortgage-Backed Securities Litigation, Nos. 11-2998-cv (L), 11-3036-cv (con) (2d Cir. July 21, 2011) and Citigroup Inc. v. International Fund Manag. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 08/20/2012)

08/21/2012 158 TRANSCRIPT of Proceedings re: initial pretrial conference held on 8/14/2012 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 9/14/2012. Redacted Transcript Deadline set for 9/24/2012. Release of Transcript Restriction set for 11/26/2012.(tro) (Entered: 08/21/2012)

08/21/2012 159 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a initial pretrial conference proceeding held on 8/14/2012 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...(tro) (Entered: 08/21/2012)

08/29/2012 161 ENDORSED LETTER addressed to Judge Laura Taylor Swain from James P Rouhandeh dated 8/28/2012 re: Request to extend answer deadline from 8/29 to 9/12/2012 for all defendants. ENDORSEMENT: So Ordered. William J. Forsell answer due 9/12/2012; Valerie H. Kay answer due 9/12/2012; MCGraw-Hill Companies Inc answer due 9/12/2012; MS&Co. answer due 9/12/2012; Moody's Corp. answer due 9/12/2012; Morgan Stanley answer due 9/12/2012; Morgan Stanley & Co Incorporated answer due 9/12/2012; Morgan Stanley Capital answer due 9/12/2012; Morgan Stanley Dean Witter Capital I Inc answer due 9/12/2012; Morgan Stanley Mortage Loan Trsut 2006-12XS answer due 9/12/2012; Morgan Stanley Mortage Loan Trust 2006-10SL answer due 9/12/2012; Morgan Stanley Mortage Loan Trust 2006-11 answer due 9/12/2012; Morgan Stanley Mortage Loan Trust 2006-13AX answer due 9/12/2012; Morgan Stanley Mortage Loan Trust 2006-14SL answer due 9/12/2012; Morgan Stanley Mortage Loan Trust 2006-15XS answer due 9/12/2012; Morgan Stanley Mortage Loan Trust 2006-5AR answer due 9/12/2012; Morgan Stanley Mortage Loan Trust 2006-5ARW answer due 9/12/2012; Morgan Stanley

Mortage Loan Trust 2006-6AR answer due 9/12/2012; Morgan Stanley Mortage Loan Trust 2006-7 answer due 9/12/2012; Morgan Stanley Mortage Loan Trust 2006-8AR answer due 9/12/2012; Morgan Stanley Mortage Loan Trust 2006-9AR answer due 9/12/2012; Morgan Stanley Mortgage Capital Inc. answer due 9/12/2012; Morgan Stanley Mortgage Loan Trust 2006-10SL answer due 9/12/2012; Morgan Stanley Mortgage Loan Trust 2006-11 answer due 9/12/2012; Morgan Stanley Mortgage Loan Trust 2006-12XS answer due 9/12/2012; Morgan Stanley Mortgage Loan Trust 2006- 13AX answer due 9/12/2012; Morgan Stanley Mortgage Loan Trust 2006-14SL answer due 9/12/2012; Morgan Stanley Mortgage Loan Trust 2006-15XS answer due 9/12/2012; Morgan Stanley Mortgage Loan Trust 2006-16AX answer due 9/12/2012; Morgan Stanley Mortgage Loan Trust 2006-4SL answer due 9/12/2012; Morgan Stanley Mortgage Loan Trust 2006-9AR answer due 9/12/2012; Mortage Stanley Mortage Loan Trust 2006-7 answer due 9/12/2012; Morgan Stanley answer due 9/12/2012; Steven S. Stern answer due 9/12/2012; Anthony B. Tufariello answer due 9/12/2012. (Signed by Judge Laura Taylor Swain on 8/29/2012) (cd) (Entered: 09/18/2012)

09/12/2012 160 ANSWER to 134 Amended Complaint,,,. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren.(Rouhandeh, James) (Entered: 09/12/2012)

09/19/2012 162 NOTICE of Recent Authority in Further Support of Plaintiffs' Opposition to Defendants' Motion to Stay. Document filed by Public Employees' Retirement System of Mississippi. (Stickney, David) (Entered: 09/19/2012)

09/20/2012 163 MOTION for Reconsideration and for Leave to Amend . Document filed by Public Employees' Retirement System of Mississippi.(Stickney, David) (Entered: 09/20/2012)

09/20/2012 164 MEMORANDUM OF LAW in Support re: 163 MOTION for Reconsideration and for Leave to Amend .. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stickney, David) (Entered: 09/20/2012)

09/21/2012 165 RESPONSE re: 162 Notice (Other) / Response to Plaintiffs' September 19, 2012 Notice of Recent Authority . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 09/21/2012)

10/09/2012 166 MEMORANDUM OF LAW in Opposition re: 163 MOTION for Reconsideration and for Leave to Amend .. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 10/09/2012)

10/09/2012 167 DECLARATION of James P. Rouhandeh in Opposition re: 163 MOTION for Reconsideration and for Leave to Amend .. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B.

Tufariello, David R. Warren. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Rouhandeh, James) (Entered: 10/09/2012)

10/19/2012 168 REPLY MEMORANDUM OF LAW in Support re: 163 MOTION for Reconsideration and for Leave to Amend .. Document filed by Public Employees' Retirement System of Mississippi. (Stickney, David) (Entered: 10/19/2012)

10/19/2012 169 AFFIDAVIT of David R. Stickney in Support re: 163 MOTION for Reconsideration and for Leave to Amend .. Document filed by Public Employees' Retirement System of Mississippi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stickney, David) (Entered: 10/19/2012)

11/12/2012 170 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion for Reconsideration of the Court's August 17, 2010 Order and for Leave to Amend Pursuant to Fed. R. Civ. P. 15. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Attachments: # 1 Defendants' Sur-Reply in Opposition to Plaintiffs' Motion for Reconsideration of the Court's August 17, 2010 Order and for Leave to Amend Pursuant to Fed. R. Civ. P. 15)(Rouhandeh, James) (Entered: 11/12/2012)

11/26/2012 171 PRE-CONFERENCE STATEMENT for November 30, 2012 Pre-Trial Conference . Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi.(Stickney, David) (Entered: 11/26/2012)

11/27/2012 172 MEMORANDUM OF LAW in Opposition re: 170 MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion for Reconsideration of the Court's August 17, 2010 Order and for Leave to Amend Pursuant to Fed. R. Civ. P. 15 .. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Llorens, Ryan) (Entered: 11/27/2012)

11/28/2012 173 RESPONSE re: 171 Pre-Conference Statement, for November 30, 2012 Pretrial Conference . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 11/28/2012)

11/28/2012 174 ORDER: The conference currently scheduled for Friday, November 30, 2012 at 2:00 p.m. is rescheduled to Wednesday, January 16, 2013 at 3:00 p.m. in Courtroom 11C (Signed by Judge Laura Taylor Swain on 11/28/2012) (js) (Entered: 11/28/2012)

01/10/2013 175 PRE-CONFERENCE STATEMENT for January 16, 2013 Pre-Trial Conference. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi.(Stickney, David) (Entered: 01/10/2013)

01/11/2013 176 MEMORANDUM ORDER: For the reasons stated below, Defendants' motion is denied and Plaintiffs' motion is granted. For the foregoing reasons, Plaintiffs' motion for reconsideration and leave to amend the complaint is granted. Plaintiffs must file

their Fourth Amended Complaint no later than January 31, 2013. Defendants' motion for a stay is denied. This Memorandum Order resolves docket entry nos. 150 , 163 , and 170 . The Initial Pre-Trial Conference scheduled for January 16, 2013 at 3:00 p.m. is adjourned to February 25, 2013, at 2:30 p.m., and will be held in Courtroom 17C. (Signed by Judge Laura Taylor Swain on 1/11/2013) Filed In Associated Cases: 1:09- cv-02137-LTS, 1:09-cv-04414-LTS(mt) (Entered: 01/11/2013)

01/11/2013 Set/Reset Deadlines: ( Amended Pleadings due by 1/31/2013.), Set/Reset Hearings:( Pretrial Conference set for 2/25/2013 at 02:30 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.) Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS(mt) (Entered: 01/11/2013)

01/31/2013 177

02/15/2013 178

FOURTH AMENDED COMPLAINT amending 134 Amended Complaint against William J. Forsell, MS&Co., Morgan Stanley, Morgan Stanley Capital, Morgan Stanley Mortgage Capital Inc., Steven S. Stern, Anthony B. Tufariello, David R. Warren.Document filed by NECA-IBEW Health and Welfare Fund, Public Employees' Retirement System of Mississippi, Carpenters Pension Fund of West Virginia, Pompano Beach Police and Firefighters' Retirement System. Related document: 134 Amended Complaint filed by Carpenters Pension Fund of West Virginia, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, NECA-IBEW Health and Welfare Fund. ***This document relates to All Actions. (mro) (Entered: 02/05/2013)

ENDORSED LETTER addressed to Judge Laura Taylor Swain from James P. Rouhandeh dated 2/14/2013 re: Request to extend answer deadline for defendants to the fourth amended complaint by 22 days to 3/8/2013. ENDORSEMENT: The request is granted. William J. Forsell answer due 3/8/2013; Valerie H. Kay answer due 3/8/2013; MCGraw-Hill Companies Inc answer due 3/8/2013; MS&Co. answer due 3/8/2013; Moody's Corp. answer due 3/8/2013; Morgan Stanley answer due 3/8/2013; Morgan Stanley & Co Incorporated answer due 3/8/2013; Morgan Stanley Capital answer due 3/8/2013; Morgan Stanley Dean Witter Capital I Inc answer due 3/8/2013; Morgan Stanley Mortage Loan Trust 2006-11 answer due 3/8/2013; Morgan Stanley Mortgage Capital Inc. answer due 3/8/2013; Morgan Stanley answer due 3/8/2013; Steven S. Stern answer due 3/8/2013; Anthony B. Tufariello answer due 3/8/2013. (Signed by Judge Laura Taylor Swain on 2/15/2013) (cd) (Entered: 02/19/2013)

02/15/2013 179 ORDER: The parties are directed to file with the Court no later than February 21, 2013, an updated Joint Preliminary Pre-Trial Statement in advance of the Pre-Trial Conference scheduled for February 25, 2013. (Signed by Judge Laura Taylor Swain on 2/15/2013) Filed In Associated Cases: 1:09-cv-02137-LTS, 1:09-cv-04414-LTS, 1:10- cv-5823-LTS. (ft) Modified on 2/21/2013 (ft). (Entered: 02/19/2013)

02/21/2013 180 JOINT PRELIMINARY PRETRIAL STATEMENT. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Public Employees' Retirement System of Mississippi, Steven S. Stern, Anthony B. Tufariello, David R. Warren.(Rouhandeh, James) (Entered: 02/22/2013)

02/22/2013 181 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Matthew P. Jubenville to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208- 8261104. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Public Employees' Retirement System of Mississippi.

02/22/2013

02/25/2013

(Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Jubenville, Matthew) Modified on 2/22/2013 (bcu). (Entered: 02/22/2013)

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 181 MOTION for Matthew P. Jubenville to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8261104. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. Certificates of Good Standing must be issued by the State Court. Please refer to Local Rule 1.3. (bcu) (Entered: 02/22/2013)

Minute Entry for proceedings held before Judge Laura Taylor Swain: Interim Pretrial Conference held on 2/25/2013, ( Final Pretrial Conference set for 10/17/2014 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain.)PTC held. PTC Scheduling Order to follow. Case is referred to MJ Dolinger for GPT. (Order to follow.) FPTC is scheduled for 10/17/2014 at 11:00am. Associated Cases: 1:09-cv-02137-LTS-AJP, 1:09-cv-04414-LTS(lan) (Entered: 02/27/2013)

02/26/2013 182 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Laura Taylor Swain on 2/25/2013) (ft) (Entered: 02/26/2013)

02/26/2013 183 PRE-TRIAL SCHEDULING ORDER NO. 1: All applications to amend pleadings or join parties, or amendments or joinders as of right, must be made by May 31, 2013. Non-Expert Witness Discovery due by 1/31/2014. Expert Witness Discovery due by 4/30/2014. Dispositive motions, if any, seeking resolution, in whole or in part, of the issues to be raised at trial must be served and filed on or before 6/2/2014. Final Pretrial Conference set for 10/17/2014 at 11:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. The parties must begin meeting with Judge Dolinger or an outside mediator for settlement purposes by June 30, 2013. Motions due by 7/31/2013. Responses due by 9/16/2013. Replies due by 10/18/2013. (Signed by Judge Laura Taylor Swain on 2/25/2013) (ft) (Entered: 02/26/2013)

02/27/2013 184 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Andrew J. Peck. Please note that this is a reassignment of the designation only. (pgu) (Entered: 02/27/2013)

02/27/2013 185 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Andrew J. Peck, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Michael H. Dolinger no longer referred to the case. (pgu) (Entered: 02/27/2013)

02/28/2013 186 MOTION for Matthew P. Jubenville to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Public

i Employees' Retirement System of Mississippi. (Attachments: # 1 Text of Proposed

Order, # 2 Certificate of Good Standing)(Jubenville, Matthew) (Entered: 02/28/2013)

02/28/2013 187 TRANSCRIPT of Proceedings re: Pretrial Conference held on 2/25/2013 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Ruth Ann Hager, C.E.T. **D-641. 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 3/25/2013. Redacted Transcript Deadline set for 4/4/2013. Release of Transcript Restriction set for 6/3/2013.(rsh) (Entered: 02/28/2013)

02/28/2013 188 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Pretrial Conference proceeding held on 2/25/2013 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...(rsh) (Entered: 02/28/2013)

02/28/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 186 MOTION for Matthew P. Jubenville to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 02/28/2013)

03/06/2013 189 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah Netburn. Please note that this is a reassignment of the designation only. (pgu) (Entered: 03/06/2013)

03/06/2013 190 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Sarah Netburn, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Andrew J. Peck no longer referred to the case. Motions referred to Sarah Netburn. (pgu) (Entered: 03/06/2013)

03/06/2013 191 ORDER granting 186 Motion for Matthew P. Jubenville to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 03/06/2013)

03/08/2013 192 NOTICE OF APPEARANCE by Dana Meredith Seshens on behalf of William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren (Seshens, Dana) (Entered: 03/08/2013)

03/08/2013 193 NOTICE OF APPEARANCE by Carissa Marie Pilotti on behalf of William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren (Pilotti, Carissa) (Entered: 03/08/2013)

03/08/2013 194 ANSWER to 177 Amended Complaint,,. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren.(Rouhandeh, James) (Entered: 03/08/2013)

03/08/2013 195 MOTION for Richard D. Gluck to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Public Employees' Retirement System of Mississippi. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Gluck, Richard) (Entered: 03/08/2013)

03/11/2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 195 MOTION for Richard D. Gluck to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Filing fee not paid. Pay the filing fee by selecting the Pro Hac Vice Fee Payment event from the Other Documents menu item. (bcu) (Entered: 03/11/2013)

03/11/2013 Pro Hac Vice Fee Payment: for 195 MOTION for Richard D. Gluck to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. . Filing fee $ 200.00, receipt number 0208-8308232.(Gluck, Richard) (Entered: 03/11/2013)

03/11/2013 196 ORDER granting 195 Motion for Richard D. Gluck to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 03/11/2013)

03/12/2013 Pro Hac Vice Fee Refunded: for 195 MOTION for Richard D. Gluck to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. . Filing fee refunded for Receipt number 0208-8305958, for the following reason(s): DUPLICATE PAYMENT. (dig) (Entered: 03/12/2013)

03/15/2013 197 NOTICE of Statement of the Parties Concerning ESI Protocol and Mediation. Document filed by Public Employees' Retirement System of Mississippi. (Attachments: # 1 Ex. A: [Proposed] Joint Protocol for Production of Discovery Material)(Stickney, David) (Entered: 03/15/2013)

03/28/2013

03/28/2013

198

199

TRANSCRIPT of Proceedings re: pretrial conference held on 2/25/2013 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Ruth Ann Hager. 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 4/22/2013. Redacted Transcript Deadline set for 5/2/2013. Release of Transcript Restriction set for 7/1/2013.(tro) (Entered: 03/28/2013)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a pretrial conference proceeding held on 2/25/2013 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...(tro) (Entered: 03/28/2013)

03/28/2013 200 MOTION for David J. Harris, Jr. to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8366494. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Harris, David) (Entered: 03/28/2013)

03/28/2013

201 MOTION for L. Dana Martindale to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8366532. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Martindale, L.) (Entered: 03/28/2013)

03/28/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 201 MOTION for L. Dana Martindale to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8366532. Motion and supporting papers to be reviewed by Clerk's Office staff., 200 MOTION for David J. Harris, Jr. to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8366494. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa) (Entered: 03/28/2013)

03/29/2013 202 ORDER granting 200 Motion for David J. Harris, Jr. to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 03/29/2013)

03/29/2013 203 ORDER granting 201 Motion for L. Dana Martindale to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 03/29/2013)

04/01/2013 204 ORDER FOR ADMISSION PRO HAC VICE: granting David J. Harris, Jr. to appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 4/1/2013) (rsh) (Entered: 04/01/2013)

04/01/2013 205 ORDER FOR ADMISSION PRO HAC VICE: granting L. Dana Martindale to appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 4/1/2013) (rsh) (Entered: 04/01/2013)

04/12/2013 Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 4/12/2013. (jnm) (Entered: 04/12/2013) (jnm) (Entered: 04/12/2013)

04/12/2013 206 ORDER: All pretrial applications, including those relating to scheduling and discovery, must comply with the Individual Practices of Judge Netburn, which are available on the Courts website at http://nysd.uscourts.gov/judge/Netburn . All discovery (including requests for admissions) must be initiated early enough to be concluded by the deadline for all discovery. Discovery motions that is, any application pursuant to Rules 26 through 37 or 45 must comply not only with paragraph II(b) of the Courts Individual Practices but also must be made promptly after the cause for such a motion arises. In addition, absent extraordinary circumstances no such application will be considered if made later than 30 days before the close of discovery. Any application for an extension of time with respect to any deadlines in this matter must be made as soon as the cause for the extension becomes known to the party making the application and must be made in accordance with paragraph I(g) of the Courts Individual Practices. The application must state the position of all other parties regarding the proposed extension and must show good cause for the extension. "Good cause" as used in this paragraph does not include circumstances within the control of counsel or the party. Any application not in compliance with this paragraph will be denied. The parties are to submit a joint letter describing the status of discovery and

whether there are any outstanding discovery disputes that require judicial intervention. This letter should be sent to [email protected] by July 31, 2013. Pursuant to the February 26, 2013 Pre-Trial Scheduling Order, the parties are to begin meeting with me or an outside mediator by June 30, 2013. Accordingly, the parties must contact chambers by June 1, 2013 to advise the Court as to the parties' intentions with regard to settlement negotiations. (Signed by Magistrate Judge Sarah Netburn on 4/12/2013) (ft) (Entered: 04/12/2013)

04/19/2013 207 PROTECTIVE ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL AND/OR HIGHLY CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, in the interest of efficiency and judicial economy, and to avoid ancillary litigation over discovery issues relating to Confidential or Highly Confidential Discovery Material, or the inadvertent production of Privileged Material, plaintiffs Public Employees' Retirement System of Mississippi, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, and Carpenters Pension Fund of West Virginia ("Plaintiffs"); and defendants Morgan Stanley Capital I Inc., Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley & Co. Incorporated, Morgan Stanley, David R. Warren, Anthony B. Tufariello, William J. Forsell, and Steven s. Stern ("Defendants") (collectively, Plaintiffs and Defendants are the "Parties," and each is a "Party") hereby set forth this agreed Proposed Protective Order for the Production and Exchange of Confidential and/or Highly Confidential Information, and respectfully request that the Court enter an Order approving the same. (Signed by Magistrate Judge Sarah Netburn on 4/19/2013) Filed In Associated Cases: 1:09-cv-02137-LTS-SN, 1:09-cv-04414- LTS(mt) (Entered: 04/19/2013)

06/05/2013 208 NOTICE OF APPEARANCE by Daniel S. Drosman on behalf of Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System (Drosman, Daniel) (Entered: 06/05/2013)

06/05/2013 209 MOTION for Darryl J. Alvarado to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8576689. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Alvarado, Darryl) (Entered: 06/05/2013)

06/05/2013 210 MOTION for Luke O. Brooks to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8576797. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Brooks, Luke) (Entered: 06/05/2013)

06/05/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 209 MOTION for Darryl J. Alvarado to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8576689. Motion and supporting papers to be reviewed by Clerk's Office staff., 210 MOTION for Luke O. Brooks to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8576797. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been

reviewed and there are no deficiencies. (bcu) (Entered: 06/05/2013)

06/05/2013 211 MOTION for Angel P. Lau to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8578286. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Lau, Angel) (Entered: 06/05/2013)

06/05/2013 212 MOTION for Ashley M. Robinson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8578300. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Robinson, Ashley) (Entered: 06/05/2013)

06/05/2013 213 MOTION for Hillary B. Stakem to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8578310. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing)(Stakem, Hillary) (Entered: 06/05/2013)

06/06/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 211 MOTION for Angel P. Lau to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8578286. Motion and supporting papers to be reviewed by Clerk's Office staff., 212 MOTION for Ashley M. Robinson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8578300. Motion and supporting papers to be reviewed by Clerk's Office staff., 213 MOTION for Hillary B. Stakem to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208- 8578310. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) (Entered: 06/06/2013)

06/07/2013 214 ORDER granting 209 Motion for Darryl J. Alvarado to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 06/07/2013)

06/07/2013 215 ORDER granting 210 Motion for Luke O. Brooks to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 06/07/2013)

06/07/2013 216 ORDER granting 211 Motion for Angel P. Lau to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 06/07/2013)

06/07/2013 217 ORDER granting 212 Motion for Ashley M. Robinson to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 06/07/2013)

06/07/2013 218 ORDER granting 213 Motion for Hillary B. Stakem to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 06/07/2013)

06/27/2013 219 STIPULATION AND SCHEDULING ORDER: Plaintiffs shall serve a draft of their class certification motion on defendants on orbefore August 7, 2013. Motion for class certification due by 8/30/2013. Responses due by 10/18/2013. Replies due by 11/15/2013. (Signed by Judge Laura Taylor Swain on 6/26/2013) (cd) (Entered: 06/28/2013)

07/02/2013 220 MOTION for Caroline M. Robert to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8660779. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Good Standing for California, # 3 Certificate of Good Standing for New York)(Robert, Caroline) (Entered: 07/02/2013)

07/02/2013 Received returned mail re: 217 Order on Motion to Appear Pro Hac Vice. Mail was addressed to David T. Biderman of Perkins, Coie, LLP at 1620 26th Street, South Tower, Santa Monica, CA 90404 and was returned for the following reason(s): not deliverable as address - unable to forward. (sc) (Entered: 07/08/2013)

07/02/2013 Received returned mail re: 216 Order on Motion to Appear Pro Hac Vice. Mail was addressed to Heather Brae Hoesterey of Reed Smith,LLP at Two Embarcadero Center, Suite 2000, San Francisco, CA 94111 and was returned for the following reason(s): not deliverable as addressed, unable to forward. (sc) (Entered: 07/08/2013)

07/03/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 220 MOTION for Caroline M. Robert to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8660779. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 07/03/2013)

07/03/2013 221 ORDER granting 220 Motion for Caroline M. Robert to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 07/03/2013)

07/11/2013 222 MOTION for Reconsideration of the Court's September 15, 2011 Order 129 holding that new plaintiffs claims are timely . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren.(Rouhandeh, James) Modified on 9/7/2013 (cr). (Entered: 07/11/2013)

07/11/2013 223 MEMORANDUM OF LAW in Support re: 222 MOTION for Reconsideration of the Court's September 15, 2011 Order 129 holding that new plaintiffs claims are timely . MOTION for Reconsideration of the Court's September 15, 2011 Order 129 holding that new plaintiffs claims are timely .. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 07/11/2013)

07/25/2013 224 MEMORANDUM OF LAW in Opposition re: 222 MOTION for Reconsideration of the Court's September 15, 2011 Order 129 holding that new plaintiffs claims are timely . MOTION for Reconsideration of the Court's September 15, 2011 Order 129 holding that new plaintiffs claims are timely .. Document filed by Carpenters Pension

Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System. (Alvarado, Darryl) (Entered: 07/25/2013)

08/05/2013 225 REPLY MEMORANDUM OF LAW in Support re: 222 MOTION for Reconsideration of the Court's September 15, 2011 Order 129 holding that new plaintiffs claims are timely . MOTION for Reconsideration of the Court's September 15, 2011 Order 129 holding that new plaintiffs claims are timely .. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 08/05/2013)

08/07/2013

08/12/2013

226 ORDER: The Court will hold a conference to discuss the various discovery issues raised in the July 31, 2013 and August 5, 2013 letters from the parties. This conference will be held on August 12, 2013 at 11:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 8/12/2013 at 11:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 8/7/2013) (ja) (Entered: 08/07/2013)

Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 8/12/2013. (jnm) (Entered: 08/12/2013)

08/16/2013 227 LETTER addressed to Judge Laura Taylor Swain from Darryl J. Alvarado dated 8/14/2013 re: Defendants' request for an adjournment is yet another attempt to delay resolution of this action. Accordingly, defendants' request for an adjournment should be denied. Document filed by Carpenters Pension Fund of West Virginia, Members United Corporate Federal Credit Union, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, United Western Bank, West Virginia Investment Management Board.(ft) (Entered: 08/16/2013)

08/16/2013 228 ENDORSED LETTER addressed to Judge Laura Taylor Swain from James P. Rouhandeh dated 8/12/2013 re: Defendants request that the Court adjourn the upcoming class certification schedule until 30 days after this Court's ruling on defendants' pending motion for reconsideration. ENDORSEMENT: The request is denied. (Signed by Judge Laura Taylor Swain on 8/16/2013) (ft) (Entered: 08/16/2013)

08/23/2013 229 TRANSCRIPT of Proceedings re: Conference held on 8/12/2013 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 9/16/2013. Redacted Transcript Deadline set for 9/26/2013. Release of Transcript Restriction set for 11/25/2013.(sdi) (Entered: 08/23/2013)

08/23/2013 230 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 8/12/2013 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...(sdi) (Entered: 08/23/2013)

08/26/2013 231 NOTICE OF APPEARANCE by Jeroen Van Kwawegen on behalf of Public Employees' Retirement System of Mississippi. (Van Kwawegen, Jeroen) (Entered: 08/26/2013)

08/26/2013 232 NOTICE OF APPEARANCE by David Lloyd Wales on behalf of Public Employees' Retirement System of Mississippi. (Wales, David) (Entered: 08/26/2013)

08/26/2013 233 NOTICE OF APPEARANCE by Katherine Anastasia Stefanou on behalf of Public Employees' Retirement System of Mississippi. (Stefanou, Katherine) (Entered: 08/26/2013)

08/30/2013 234 MOTION to Certify Class and Appoint Class Representatives and Co-Class Counsel . Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. Responses due by 10/18/2013(Drosman, Daniel) (Entered: 08/30/2013)

08/30/2013 235 MEMORANDUM OF LAW in Support re: 234 MOTION to Certify Class and Appoint Class Representatives and Co-Class Counsel . REDACTED . Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Drosman, Daniel) (Entered: 08/30/2013)

08/30/2013 236 DECLARATION of Joseph R. Mason, Ph.D. in Support re: 234 MOTION to Certify Class and Appoint Class Representatives and Co-Class Counsel.. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Drosman, Daniel) (Entered: 08/30/2013)

08/30/2013 237 DECLARATION of Daniel S. Drosman in Support re: 234 MOTION to Certify Class and Appoint Class Representatives and Co-Class Counsel.. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 (under seal), # 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 (under seal), # 14 Exhibit 14 (under seal), # 15 Exhibit 15, # 16 Exhibit 16)(Drosman, Daniel) (Entered: 08/30/2013)

09/03/2013 238 LETTER addressed to Judge Laura Taylor Swain from James P. Rouhandeh dated 8/19/2013 re: We submit this brief response to plaintiffs' August 14, 2013 1etter opposing defendants' request for an adjournment of all deadlines relating to plaintiffs' forthcoming class certification motion until 30 days after this Court's decision on defendants' pending motion for reconsideration. Document filed by William J. Forsell, Valerie H. Kay, MCGraw-Hill Companies Inc, MS&Co., Moody's Corp., Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital, Morgan Stanley Dean Witter Capital I Inc, Morgan Stanley Mortgage Capital Inc., Morgan Stanley, Steven S. Stern, Anthony B. Tufariello, Fitch, Inc., Moody's Investors Service, Inc., Morgan Stanley & Co. Incorporated, Morgan Stanley Capital I Inc., Standard & Poor's Rating Services, The McGraw-Hill Companies, Inc., David R. Warren.Filed In

Associated Cases: 1:09-cv-02137-LTS-SN, 1:09-cv-04414-LTS(ft) (Entered: 09/03/2013)

09/03/2013 239 SEALED DOCUMENT placed in vault.(mps) (Entered: 09/04/2013)

09/06/2013 240 LETTER addressed to Magistrate Judge Sarah Netburn, from Daniel S. Drosman and David R. Stickney, dated 8/23/2013, re: Morgan Stanley's position vis-a-vis numerosity in connection with plaintiffs' forthcoming motion for class certification... Accordingly, Morgan Stanley should be compelled to provide its specific challenges to numerosity by August 30, 2013. Document filed by Carpenters Pension Fund of West Virginia, Members United Corporate Federal Credit Union, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi.(ja) Modified on 9/6/2013 (ja). (Entered: 09/06/2013)

09/06/2013 241 LETTER addressed to Magistrate Judge Sarah Netburn, from Daniel S. Drosman and David R. Stickney, dated 8/20/2013 re: Plaintiff submit this brief in support of their proposed protocol governing defendants' search for relevant documents. Plaintiffs also further support their motion to compel documents concerning Morgan Stanley's shorting of the securities by explaining that the employees in the Securitized Products Group ("SPG") that did the shorting were the same as those that structured and sold the securities to plaintiffs and the Class. Document filed by Carpenters Pension Fund of West Virginia, Members United Corporate Federal Credit Union, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi.(ja) (Entered: 09/06/2013)

09/06/2013 242 LETTER addressed to Magistrate Judge Sarah Netburn from Daniel S. Drosman and David R. Stickney, dated 8/23/2013, re: on behalf of plaintiffs in response to defendants' August 20, 2013 letter ("Defs.' Letter") seeking an order compelling plaintiffs to produce "all documents concerning or relating to any monitoring agreement or arrangement between plaintiffs and their counsel." Defs.' Letter at 1. Defendants' request should be denied in its entirety because the documents sought are irrelevant to the merits of the case and class certification. Document filed by Carpenters Pension Fund of West Virginia, Members United Corporate Federal Credit Union, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi.(ja) (Entered: 09/06/2013)

09/06/2013 243 LETTER addressed to Magistrate Judge Sarah Netburn from Dana M. Seshens, dated 8/23/2013, re: On behalf of defendants, we write in response to plaintiffs' August 20, 2013 letter ("Pls. Letter") concerning plaintiffs' proposed electronic search protocol and motion to compel documents concerning Morgan Stanley's alleged shorting of its residential mortgage-backed securities offerings. Document filed by William J. Forsell, Valerie H. Kay, MCGraw-Hill Companies Inc, MS&Co., Moody's Corp., Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital, Morgan Stanley Dean Witter Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc., Morgan Stanley, Steven S. Stern, Anthony B. Tufariello.(ja) (Entered: 09/06/2013)

09/06/2013 244 LETTER addressed to Magistrate Judge Sarah Netburn, from Dana M. Seshens, dated 8/26/2013 re: in response to plaintiffs' August 23, 2013 letter that should be addressing plaintiffs' pending motion to compel Bank of New York Mellon ("BNY Mellon") to provide information concerning the identities of its customers that allegedly purchased

securities from the offerings at issue in this case, but that instead seeks to compel defendants to provide plaintiffs with information concerning their position on numerosity by this Friday, August 30. There is no basis, nor any need, for the relief plaintiffs seek. Document filed by William J. Forsell, Valerie H. Kay, MCGraw-Hill Companies Inc, MS&Co., Moody's Corp., Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital, Morgan Stanley Dean Witter Capital I Inc, Morgan Stanley Mortgage Capital Inc., Morgan Stanley, Steven S. Stern, Anthony B. Tufariello.(ja) (Entered: 09/06/2013)

09/06/2013 245 LETTER addressed to Magistrate Judge Sarah Netburn, from Dana M. Seshens, dated 8/20/2013 re: On behalf of defendants in the above-referenced action and pursuant to this Court's order at the August 12, 2013 discovery conference, we write to request that this Court order plaintiffs to produce all documents concerning or relating to any monitoring agreement or arrangements between plaintiffs and their counsel. Document filed by William J. Forsell, Valerie H. Kay, MCGraw-Hill Companies Inc, MS&Co., Moody's Corp., Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital, Morgan Stanley Dean Witter Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Morgan Stanley Mortgage Capital Inc., Morgan Stanley, Steven S. Stern, Anthony B. Tufariello.(ja) (Entered: 09/06/2013)

09/06/2013 246 OPINION & ORDER: For these reasons, the defendants request for the production of documents concerning or relating to any monitoring agreement or arrangement between plaintiffs and plaintiffs counsel is DENIED in part and GRANTED in limited part. (Signed by Magistrate Judge Sarah Netburn on 9/6/2013) (rsh) Modified on 9/7/2013 (cr). (Entered: 09/06/2013)

09/11/2013 247 ORDER: On August 5, 2013 plaintiffs submitted to the Court a letter requesting a pre-motion conference to address Bank of New York Mellon Corporation's refusal to comply with a subpoena seeking information alleged relevant to its Motion for Class Certification, specifically the issue of numerosity. After a hearing on August 12, 2013, parties submitted additional letters dated August 23, 2013 and August 26, 2013 on this issue. In light of the filing of plaintiffs' Motion for Class Certification on August 30, 2013, the Court requests an update on the status of the parties' positions with respect to numerosity. The parties are to meet and confer and report to the Court by September 13, 2013, whether defendants intend to challenge numerosity and, if so, whether such challenge will be limited to a particular Offering. Counsel for the plaintiffs is directed to serve this Order upon counsel for Bank of New York Mellon. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 9/11/2013) (ja) (Entered: 09/11/2013)

09/11/2013 248 OPINION & ORDER: This is a securities action brought on behalf of a putative class in which the plaintiffs assert claims relating to the marketing and sale of mortgage-backed security pass-through certificates issued by Morgan Stanley Capital I, Inc. The case involves 13 Offerings, which occurred between March 27, 2006 and October 26, 2006. It alleges strict liability and negligence claims brought pursuant to the Securities Act of 1933 (the "1933 Act"). The Court assumes the parties' familiarity with the issues. Following a conference at which multiple discovery disputes were addressed, the Court directed the parties to submit letter motions related to any outstanding matters that were not resolved by the Court or agreed to by the parties following the conference. Among other letter motions, the plaintiffs filed an application concerning the scope of defendants' electronic search protocol. The parties have reached agreement on the search terms (more than 30,000 search term combinations, a list

09/19/2013 249

spanning over 1,600 pages), but are unable to agree on the custodians or the search period. This dispute is governed by both Rule 1 and Rule 26 of the Federal Rules of Civil Procedure... Custodians: Plaintiffs have identified 80 custodians who should be subject to the search protocol... Accordingly, defendants must include Ms. Gilly as a custodian in their search protocol... Search Periods: The parties also disagree on the appropriate search periods... Shorting Activities: Finally, plaintiffs seek documents related to Morgan Stanley's purported shorting of its own residential mortgage- backed securities ("RMBS")... Accordingly, the Court holds that even if traders at Morgan Stanley shorted one or more of the Offerings, such conduct is not properly subject to discovery given the claims alleged in this case. (Of course, if discovery reveals that one of the custodians involved in the Offerings at issue was in contact with Morgan Stanley traders regarding the nature or adequacy of the due diligence process, then Plaintiffs are free to renew their request for discovery on this issue.) SO ORDERED. (See Order). (Signed by Magistrate Judge Sarah Netburn on 9/11/2013) (ja) (Entered: 09/11/2013)

OPINION & ORDER: This is a securities action brought on behalf of a putative class in which the plaintiffs assert claims relating to the marketing and sale of mortgage-backed security pass-through certificates (the "Certificates") issued by Morgan Stanley Capital I, Inc. The case involves 13 Offerings, which occurred between March 27, 2006 and October 26, 2006. It alleges strict liability and negligence claims brought pursuant to the Securities Act of 1933 (the "1933 Act"). The Court assumes the parties' familiarity with the issues... BNY shall provide the sworn statement as directed above by September 27, 2013. For those series for which numerosity cannot be established based solely on BNY's unique investors, by October 4, 2013, plaintiffs shall provide to BNY (i) by series, the number of unique investors needed to presumptively establish numerosity for purposes of plaintiffs' motion for class certification, and (ii) for those series where numerosity has not been satisfied based on BNY's sworn statement, the names of those unique investors already identified by other financial institutions to avoid double-counting concerns. Unless such information is rendered unnecessary in light of defendants' opposition to plaintiffs' class certification motion, by November 1, 2013, BNY shall provide the identity of those unique investors sufficient to establish presumptive numerosity. All documents and information produced pursuant to this Order shall be governed by the parties' Protective Order for the Production and Exchange of Confidential and/or Highly Confidential Information (Doc. No. 207). SO ORDERED. (See Order). (Signed by Magistrate Judge Sarah Netburn on 9/19/2013) (ja) (Entered: 09/19/2013)

09/25/2013 250 MOTION for Reconsideration re; 248 Memorandum & Opinion,,,,,,,, Plaintiffs' Motion for Partial Reconsideration of the Court's September 11, 2013 Opinion and Order. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi.(Brooks, Luke) (Entered: 09/25/2013)

09/25/2013 251 MEMORANDUM OF LAW in Support re: 250 MOTION for Reconsideration re; 248 Memorandum & Opinion,,,,,,,, Plaintiffs' Motion for Partial Reconsideration of the Court's September 11, 2013 Opinion and Order. MOTION for Reconsideration re; 248 Memorandum & Opinion,,,,,,,, Plaintiffs' Motion for Partial Reconsideration of the Court's September 11, 2013 Opinion and Order.. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano

Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Brooks, Luke) (Entered: 09/25/2013)

09/25/2013 252 DECLARATION of Luke O. Brooks in Support re: 250 MOTION for Reconsideration re; 248 Memorandum & Opinion,,,,,,,, Plaintiffs' Motion for Partial Reconsideration of the Court's September 11, 2013 Opinion and Order. MOTION for Reconsideration re; 248 Memorandum & Opinion,,,,,,,, Plaintiffs' Motion for Partial Reconsideration of the Court's September 11, 2013 Opinion and Order.. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Brooks, Luke) (Entered: 09/25/2013)

10/07/2013 253 MEMORANDUM OF LAW in Opposition re: 250 MOTION for Reconsideration re; 248 Memorandum & Opinion,,,,,,,, Plaintiffs' Motion for Partial Reconsideration of the Court's September 11, 2013 Opinion and Order. MOTION for Reconsideration re; 248 Memorandum & Opinion,,,,,,,, Plaintiffs' Motion for Partial Reconsideration of the Court's September 11, 2013 Opinion and Order.. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 10/07/2013)

10/14/2013 254 LETTER addressed to Judge Laura Taylor Swain from James P. Rouhandeh dated October 14, 2013 re: Class Certification Briefing Schedule. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Inc., Steven S. Stern, Anthony B. Tufariello, David R. Warren.(Rouhandeh, James) (Entered: 10/14/2013)

10/15/2013 255 REPLY MEMORANDUM OF LAW in Support re: 250 MOTION for Reconsideration re; 248 Memorandum & Opinion,,,,,,,, Plaintiffs' Motion for Partial Reconsideration of the Court's September 11, 2013 Opinion and Order . MOTION for Reconsideration re; 248 Memorandum & Opinion,,,,,,,, Plaintiffs' Motion for Partial Reconsideration of the Court's September 11, 2013 Opinion and Order .. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Brooks, Luke) (Entered: 10/15/2013)

10/15/2013 256 REPLY AFFIDAVIT of Luke O. Brooks in Support re: 250 MOTION for Reconsideration re; 248 Memorandum & Opinion,,,,,,,, Plaintiffs' Motion for Partial Reconsideration of the Court's September 11, 2013 Opinion and Order . MOTION for Reconsideration re; 248 Memorandum & Opinion,,,,,,,, Plaintiffs' Motion for Partial Reconsideration of the Court's September 11, 2013 Opinion and Order .. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Brooks, Luke) (Entered: 10/15/2013)

10/16/2013 257 MEMO ENDORSED on re: 254 Letter, filed by Morgan Stanley, David R. Warren, Morgan Stanley & Co Incorporated, Anthony B. Tufariello, Morgan Stanley Mortgage Capital Inc., Steven S. Stern, Morgan Stanley Capital I Inc, William J. Forsell ENDORSEMENT: The request for an extension of the class certification briefing schedule is granted. The request for an extension of the discovery deadline must be

10/23/2013 258

directed to Judge Netburn, to whom this case is referred for General Pretrial Management (Signed by Judge Laura Taylor Swain on 10/15/2013) (js) (Entered: 10/16/2013)

OPINION & ORDER re: 250 MOTION for Reconsideration re; 248 Memorandum & Opinion, Plaintiffs' Motion for Partial Reconsideration of the Court's September 11, 2013 Opinion and Order. MOTION for Reconsideration re; 248 Memorandum & Opinion, Plaintiffs' Motion for Partial Reconsideration of the Court's September 11, 2013 Opinion and Order filed by Carpenters Pension Fund of West Virginia, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi, NECA-IBEW Health and Welfare Fund: For the reasons discussed above, the Court GRANTS in part and DENIES in part the plaintiffs' motion for reconsideration. This Order resolves the motion pending at Docket No. 250. (Signed by Magistrate Judge Sarah Netburn on 10/23/2013) (tn) (Entered: 10/23/2013)

10/25/2013 259 LETTER MOTION for Extension of Time re: Class Certification Briefing Schedule addressed to Judge Laura Taylor Swain from James P. Rouhandeh dated 10/25/2013. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren.(Rouhandeh, James) (Entered: 10/25/2013)

10/28/2013 260 ORDER granting 259 Letter Motion for Extension of Time re opposition and reply to class certification motion. The request is granted. No further extensions. (Signed by Judge Laura Taylor Swain on 10/25/2013) (cd) (Entered: 10/28/2013)

10/28/2013 Set/Reset Deadlines as to 234 MOTION to Certify Class and Appoint Class Representatives and Co-Class Counsel . Responses due by 11/13/2013 Replies due by 12/16/2013. (cd) (Entered: 10/29/2013)

11/04/2013 261 MOTION for Brett M. Middleton to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9043791. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Public Employees' Retirement System of Mississippi. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:09-cv-02137-LTS-SN, 1:09-cv-04414- LTS(Middleton, Brett) (Entered: 11/04/2013)

11/04/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 261 MOTION for Brett M. Middleton to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9043791. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 11/04/2013)

11/05/2013 262 ORDER granting 261 Motion for Brett M. Middleton to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 11/05/2013)

11/13/2013 263 LETTER addressed to Judge Laura Taylor Swain from James P. Rouhandeh dated November 13, 2013 re: Plaintiffs' Motion for Class Certification and Appointment of Class Representatives and Co-Class Counsel. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B.

11/13/2013 264

11/14/2013 265

Tufariello, David R. Warren.(Rouhandeh, James) (Entered: 11/13/2013)

SEALED DOCUMENT placed in vault.(nm) (Entered: 11/14/2013)

MEMORANDUM OF LAW in Opposition re: 234 MOTION to Certify Class and Appoint Class Representatives and Co-Class Counsel . Defendants' Redacted Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification and Appointment of Class Representatives and Co-Class Counsel . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Attachments: # 1 Appendix A, # 2 Appendix B)(Rouhandeh, James) (Entered: 11/14/2013)

11/14/2013 266 DECLARATION of James P. Rouhandeh (Redacted) in Opposition re: 234 MOTION to Certify Class and Appoint Class Representatives and Co-Class Counsel.. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (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, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64)(Rouhandeh, James) (Entered: 11/14/2013)

11/15/2013 267 JOINT MOTION to Seal Document (237 in 1:09-cv-02137-LTS-SN) Declaration in Support of Motion,, (265 in 1:09-cv-02137-LTS-SN) Memorandum of Law in Opposition to Motion,, (235 in 1:09-cv-02137-LTS-SN) Memorandum of Law in Support of Motion, (266 in 1:09-cv-02137-LTS-SN) Declaration in Opposition to Motion,,,,,, Plaintiffs' Memorandum of Law in Support of Motion for Class Certification and Appointment of Class Representatives and Co-Class Counsel, Defendants opposition, and Plaintiffs Forthcoming Reply Papers. . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Attachments: # 1 Proposed Order)Filed In Associated Cases: 1:09-cv-02137-LTS-SN, 1:09-cv-04414- LTS(Rouhandeh, James) (Entered: 11/15/2013)

11/19/2013 268 JOINT LETTER MOTION for Extension of Time re: Pretrial Dates addressed to Magistrate Judge Sarah Netburn from Daniel S. Drosman, David R. Stickney, James P. Rouhandeh dated November 19, 2013. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi.(Drosman, Daniel) (Entered: 11/19/2013)

11/19/2013 269 ORDER GRANTING LEAVE TO FILE UNDER SEAL granting (267) Motion to Seal Document in case 1:09-cv-02137-LTS-SN; granting (41) Motion to Seal Document in case 1:09-cv-04414-LTS. Redacted copies must be filed on the ECF system. This resolves docket entry 267. (Signed by Judge Laura Taylor Swain on 11/19/2013) Filed In Associated Cases: 1:09-cv-02137-LTS-SN, 1:09-cv-04414-LTS (cd) (Entered: 11/19/2013)

11/19/2013 Transmission to Sealed Records Clerk. Transmitted re: (42 in 1:09-cv-04414-LTS) Order on Motion to Seal Document, to the Sealed Records Clerk for the sealing or unsealing of document or case. Filed In Associated Cases: 1:09-cv-02137-LTS-SN, 1:09-cv-04414-LTS(cd) (Entered: 11/19/2013)

11/20/2013 270 ORDER terminating 268 Letter Motion for Extension of Time. Application Granted. The parties shall jointly write the Court no later than July 31, 2014, regarding settlement negotiations and whether the parties would like to schedule a settlement conference. The Clerk of Court shall terminate the motion at Doc. # 268. (See Order). (Signed by Magistrate Judge Sarah Netburn on 11/20/2013) (ja) Modified on 11/21/2013 (ja). (Entered: 11/20/2013)

11/20/2013 Set/Reset Deadlines: (Expert Discovery due by 10/31/2014. Fact Discovery due by 7/31/2014. Motions due by 12/5/2014., Responses due by 1/19/2015, Replies due by 2/18/2015.), Set/Reset Hearings: (Final Pretrial Conference set for 5/18/2015 at 11:00 AM before Magistrate Judge Sarah Netburn.) (ja) (Entered: 11/20/2013)

12/12/2013 271 MOTION to Seal Document the Corrected Expert Report of James A. Overdahl . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Attachments: # 1 Exhibit A)(Rouhandeh, James) (Entered: 12/12/2013)


12/16/2013 273 LETTER addressed to Judge Laura Taylor Swain from James P. Rouhandeh dated 12/12/2013 re: Corrected Expert Report of James A. Overdahl. Document filed by Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC et al.(cd) (Entered: 12/16/2013)

12/16/2013 274 REPLY MEMORANDUM OF LAW in Support re: 234 MOTION to Certify Class and Appoint Class Representatives and Co-Class Counsel.. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Stickney, David) (Entered: 12/16/2013)

12/16/2013 275 REPLY AFFIDAVIT of David R. Stickney in Support re: 234 MOTION to Certify Class and Appoint Class Representatives and Co-Class Counsel.. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5-1, # 6 Exhibit 5-2, # 7 Exhibit 5-3, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16)(Stickney, David) (Entered: 12/16/2013)

12/17/2013 276 CERTIFICATE OF SERVICE. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Stickney, David) (Entered: 12/17/2013)


03/26/2014 278 NOTICE of of Recent Authority in Further Support of re: 234 MOTION to Certify Class and Appoint Class Representatives and Co-Class Counsel.. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Stickney, David) (Entered: 03/26/2014)

04/02/2014 279 RESPONSE re: 278 Notice (Other), Notice (Other) / Response to Plaintiffs' March 26, 2014 Notice of Recent Authority . Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Rouhandeh, James) (Entered: 04/02/2014)

05/13/2014 280 JOINT LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from Daniel S. Drosman and Matthew Jubenville dated May 13, 2014. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Drosman, Daniel) (Entered: 05/13/2014)

05/15/2014 281 ORDER granting 280 Letter Motion for Local Rule 37.2 Conference. Defendants shall file a letter with the Court by May 19, 2014, responding to the contentions set forth in plaintiffs' May 13, 2014 letter, or advising the Court that the parties have resolved the dispute. If the parties have not resolved the dispute on their own accord, they shall jointly call chambers, with all necessary parties on the line, at (212) 805-0286, at 3:00 on Tuesday, May 20, 2014. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 05/15/2014)

05/19/2014

05/20/2014

282 LETTER addressed to Magistrate Judge Sarah Netburn from Dana M. Seshens dated May 19, 2014 re: Response to Plaintiffs' May 13, 2014 Letter. Document filed by William J. Forsell, Morgan Stanley, Morgan Stanley & Co Incorporated, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, Steven S. Stern, Anthony B. Tufariello, David R. Warren. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Seshens, Dana) (Entered: 05/19/2014)

Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 5/20/2014. (jnm) (Entered: 05/20/2014)

05/23/2014 283 JOINT LETTER MOTION for Extension of Time re Pretrial Dates addressed to Magistrate Judge Sarah Netburn from Daniel S. Drosman, David R. Stickney, James P. Rouhandeh dated May 23, 2014. Document filed by Carpenters Pension Fund of West Virginia, NECA-IBEW Health and Welfare Fund, Pompano Beach Police and Firefighters' Retirement System, Public Employees' Retirement System of Mississippi.(Alvarado, Darryl) (Entered: 05/23/2014)

05/27/2014 284 MEMORANDUM OPINION AND ORDER. Defendants' motion for reconsideration

is granted. The September Order is vacated. New Plaintiffs' claims are dismissed in their entirety as time-barred by the Section 13 statute of repose, insofar as they are asserted directly by New Plaintiffs as named parties. The dismissal of New Plaintiffs' claims is without prejudice to the litigation of those claims by one or more class representatives if MissPERS's pending motion for class certification is granted. The parties are directed to file any supplemental papers in connection with their class certification motion submissions by June 15, 2014. re: (222 in 1:09-cv-02137-LTS-SN) MOTION for Reconsideration of the Court's September 15, 2011 Order (129) holding that new plaintiffs claims are timely filed by Morgan Stanley, David R. Warren, Morgan Stanley & Co Incorporated, Anthony B. Tufariello, Steven S. Stern, Morgan Stanley Capital I Inc, Morgan Stanley Mortgage Capital Holdings LLC, William J. Forsell. (Signed by Judge Laura Taylor Swain on 5/27/2014) Filed In Associated Cases: 1:09-cv-02137-LTS-SN, 1:09-cv-04414-LTS (rjm) (Entered: 05/28/2014)

05/27/2014 285 ORDER granting 283 Letter Motion for Extension of Time. The parties' application for a 60-day extension of the above pre-trial dates is GRANTED. All dates submitted as a Proposed Modification are adopted, except the Final Pretrial Conference is scheduled for July 24, 2015 at 11:00 a.m. So ordered. (Motions due by 6/23/2015). (Signed by Magistrate Judge Sarah Netburn on 5/27/2014) (rjm) (Entered: 05/28/2014)

05/27/2014 Set/Reset Deadlines: (Expert Discovery due by 12/30/2014. Fact Discovery due by 9/29/2014. Responses due by 3/25/2015. Replies due by 4/23/2015.), Set/Reset Hearings: (Final Pretrial Conference set for 7/24/2015 at 11:00 AM before Magistrate Judge Sarah Netburn.) (rjm) (Entered: 05/28/2014)

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